JUDGMENT 1. - This appeal is directed against the judgment dated 11.2.1993 passed by Additional District Judge, Sojat, District Pali (hereinafter referred to as 'the lower appellate court') in Civil Appeal Decree No. 9 of 1992 whereby the lower appellate court set aside the judgment and decree dated 26.7.1986 passed by Civil Judge cum Additional Chief Judicial Magistrate, Sojat city (hereinafter referred to as 'the trial court'). 2. I have head the learned counsel for the appellants, perused the order of the lower appellate court as well as the trial court. 3. It is contended by learned counsel for the appellants that the lower appellate court fell in error in setting aside the judgment and decree by remitting the case to the trial court. He further contended that the lower appellate court, instead of remitting the case as a whole, should have framed additional issue and sent the case to the trial court for recording evidence on that particular additional issue within a stipulated time. 4. I find substance In the contention of the learned counsel for the appellants. The lower appellate court should have framed additional issue and directed the trial court to allow the parties to lead evidence on that particular issue so framed, within d' Stipulated time and submit the record to the lower appellate court with its finding. In this view of the matter, the order impugned cannot be sustained. 5. Accordingly, the appeal is allowed. The order of the lower appellate court dated 11.2.1993 is set aside and the matter is remitted to the lower appellate court to frame additional issue and call for the finding of the trial court on that issue, permitting the trial court to give opportunity to the parties, to lead evidence on additional issue so framed, keeping the appeal pending and on receipt of finding on additional issue, the lower appellate court is directed to decide the appeal on merits in accordance with law.Appeal Allowed as Per Above Directions. *******