order retrial after remand, where there has already been a trial on evidence before the Court of first instance, cannot be exercised merely because the Appellate Court is of the view that the parties who could lead better evidence in the Court of first instance have failed to do so. A trial de novo, after setting aside a final order passed by the Court of first instance may therefore by made in exceptional circumstance, where there has been no real trial of the proceeding, or where allowing the order to stand would result in abuse of the process of Court. The District Court did not decide the appeals on the merits, but merely ordered that the cases be remanded for retrial. In so ordering, in our judgment, the District Court acted illegally and with material irregularity in the exercise of its jurisdiction. Manifestly neither the statutory jurisdiction nor the inherent jurisdiction of the Court to direct a rehearing and retrial could be invoked. The High Court has considered the merits of the dispute between the parties and has agreed with the conclusion of the Trial Court that the appellant failed to prove his case that the arbitrators had mis-conducted themselves in the course of the arbitration proceeding. We see no reason to enter upon a reappraisal of the evidence, which the Court of first instance, and the High Court had appraised, especially when they have recorded concurrent opinions.”
