is to be decided finally. Thus, the order of remand is to be passed only on exceptional circumstances, where it is not possible for the Appellate Court within the provision of the Code of Civil Procedure to dispose of the appeal suit. The various circumstances under which the appeal suits shall be decided by the Appellate Court has been enumerated in Order 41 Rule 23, 23(A), 24 and 25. Therefore, the Appellate Court must be cautious while remanding the matter back to the trial Court and unnecessarily remanding the matter, undoubtedly, would cause prejudice to the interest of the parties. This being the principles to be followed, the findings of the First Appellate Court that the additional chief examination is to be conducted or additional documents are to be received cannot be an appropriate ground for remanding the matter back to the trial Court. Contrarily, such an exercise can be done by the First Appellate Court in order to complete the trial and pass final order on merits and in accordance with law and by affording opportunity to all the parties concerned. Thus, this Court is of the considered opinion that the First Appellate Court is empowered to take additional chief examination or accept additional documents and permit the petitioner to examine and cross-examine the witnesses, if necessary and by affording opportunity to all the parties and thereafter, decide the matter on merits and in accordance with law.
