JUDGMENT Sureshwar Thakur, J. - The plaintiff''s suit, bearing Civil Suit No. 87 of 2001, seeking, therethrough, rendition, of, a declaratory decree, vis-a-vis, the suit khasra numbers, and, also, espousing, therethrough, rendition, of, a, decree, for, permanent prohibitory injunction, hence, vis-a-vis, the, suit khasra numbers, and, against, the defendants, became dismissed, by, the, learned trial Court, through, a, verdict recorded, on, 31.03.2011. The afore made verdict, became assailed, by, the, aggrieved plaintiff, before, the, learned First Appellate Court, by, his constituting hence an appeal therebefore. Upon, Civil Appeal No.07-K/XIII/2015, the, learned First Appellate Court, after allowing, the, plaintiff''s appeal, and, also after setting aside, the, impugned therebefore, judgment, and, decree, rather made, an order, of, wholesale remand, of, the lis, vis-a-vis, the, remandee court, and, with, a, further direction, to, render fresh findings, upon, all, the, issues, hence, whereon(s) findings became earlier rendered, by, the, learned trial court concerned. 2. The aggrieved therefrom defendants, hence, for, casting, an, onslaught thereon, rear, thereagainst, the, extant appeal, before, this Court. 3. The learned trial Court, had, rendered findings adversarial, to, the, plaintiff, vis-a-vis, issue No.1, issue whereof appertains, to, the validity, of, attestation, of, mutation No.186, of, 14.8.1989, (i) wherethrough, the hitherto joint land, amongst, the, contesting litigants, became, pronounced, to, become validly dismembered, (ii) besides, the learned trial Court, also, rendered, adversarial, findings, vis-a-vis, the, plaintiff, upon, the, issue, appertaining, to, the, validity, of, recording, of, mutation No.196, of, 23.10.1989, (iii) and, thereon(s), it became ordered, vis-a-vis, a, valid exchange occurring, amongst, the, co-defendant No.1, and, co-defendant No.3, (iv) and, thereonwards, the, learned trial Court, also, recorded findings, adversarial, to, the, plaintiff, upon, issue No.3, issue whereof, appertains, to, the, validity, of, the, execution, of, gift deed, inter se, defendant No.1, and, defendant No.2. A perusal, of, the, verdict, recorded, by, the, learned trial Court, makes, candid, unfoldings, vis-a-vis, the afore, findings, becoming, rendered, upon, hers making, an, ad nauseam perusal, of, the, adduced evidence before her. However, the aggrieved, therefrom, plaintiff, reared, civil appeal No. 07-K/XIII/2015 before, the, learned first appellate court, and, thereon, the, afore challenged pronouncement, before, this Court, became recorded, by, the, learned first appellate court. 4. However, the aggrieved, therefrom, plaintiff, reared, civil appeal No. 07-K/XIII/2015 before, the, learned first appellate court, and, thereon, the, afore challenged pronouncement, before, this Court, became recorded, by, the, learned first appellate court. 4. Normally, an order of wholesale remand, would, become invalidated, (i) unless, the learned first Appellate Court, strikes a vital issue hence arising, from the contentious pleadings, given, it, rather, remaining earlier unstruck, by, the, learned trial Court, (ii) and, also when the apposite vital issue, as, becomes formulated, by, the, learned First Appellate Court, also holds, the, deepest, and, most entrenched interconnectivity, vis-a-vis, other issues, and, also hence necessarily enjoins, the, returning(s), of, fresh findings, upon, all issues. Since, the plaintiff''s suit, was, a suit, for, rendition, of, a declaratory decree, besides for rendition , of, a decree for permanent prohibitory injunction, vis-a-vis, the suit khasra number, and, against the defendants, (iii) and, when for the afore reason, the afore espoused relief, became pronounced, to, be hence unrenderable, vis-a-vis, the plaintiff, (iv) besides, when there, is, no, apparent interconnectivity, inter se, the, issues, struck, by, the, learned trial Court, and, rather whereon(s) separate findings adversarial, to, the plaintiff, became recorded, and, thereafter resulted, hence, in, the, dismissal, of, the, plaintiff''s suit, (v) nor when hence, before, the, learned first Appellate Court, any espousal, became made, vis-a-vis, the learned trial Court, despite, pleadings, hence, necessitating, the, striking, of, a, vital issue, as, germinate therefrom, rather, the apt vital issue remained earlier unstruck, (vi) and, in sequel whereto, hence, only its after striking the requisite vital issue, hence, it became thereafter validly empowered, to make, an, order, of, remand, of the lis, to, the remandee court, for, enabling, the, latter rather receiving evidence thereon. The afore recoursings, are, permissible, within the ambit, of, Order 41, Rule 26 of the CPC. Imperatively, the, innate nuance, of, the afore statutory provisions, is, qua the learned first Appellate Court, rather maintaining the appeal, on its docket, and, after the order of remand, hence, becoming complied, with, by, the, learned trial Court, (vii) and, thereupon, the learned Appellate Court rather within the ambit of Order 41, Rule 26 of the CPC, hence, permitting the apposite aggrieved, to within the time fixed by it, hence, prefer objections therebefore, against, the, findings rendered, upon, the relevant formulated issue, by, the, learned trial Court, (viii) and, conspicuously, upon, the, latter receiving them, on remand. Significantly, since, all, the vital issue(s), purportedly arising from the contentious pleadings, of, the parties, became earlier rather struck, and, also separate findings became returned thereon, nor also when hence no further issue, became struck, by, the learned first Appellate Court, nor, was, enjoined, to, become struck, (ix) whereupon, the afore recoursing becomes, a, grossly inappropriate endeavour, by, the learned first appellate Court, and, hence, renders the order of wholesale remand, of, the lis, to, the remandee court, to, concomitantly become grossly inappropriate. 5. For the challenge, made, to the impugned order not begetting success, it beame was enjoined, upon, the learned counsel, appearing, for, the , respondent/plaintiff, to, disclose, before this Court, all requisite, material, and, evidence, rather all exemplificatory, vis-a-vis, the afore exception(s) to the principle, as, constituted, in, plethora of verdicts, against, the, making, of, an order of wholesale remand, of, the lis, vis-a-vis, the remandee court, rather by the appellate Court, hence, therethroughs, obviously surging forth. However, the closest, and, circumspect, perusal, of the impugned verdict, contrarily discloses, vis-a-vis, the learned first appellate court, even after, its, rendering findings, upon, all, the, afore issues, it, yet proceeding, to, make, an, order, of, wholesale remand, of, the lis, vis-a-vis, the remandee court, rather than, its proceeding, to, thereafter refrain, from, doing so, (i) given the learned first appellate Court meteing reasons, for, its making disconcurrence, with, the findings, earlier rendered, upon, the afore issues, hence, by the learned trial Court, (ii) obviously, hence, all the afores faulterings rather make imminent displays, qua hence, the afore trite parameters rather enveloping, therewithin, the, excepting principles, against the impermissibility, of, the, learned first appellate court, rather making, an, order, of, wholesale remand, of, the, lis, vis-a-vis, the remandee court, (iii) obviously ipso facto not begetting satiation, hence, the learned counsel appearing, for, the respondent/plaintiff does concomitantly fail(s), to, establish, vis-a-vis, the impugned verdict recorded by the learned first appellate Court, hence, assuming any iota, of, validation. 6. 6. Nonetheless, the learned counsel appearing, for, the respondent/plaintiff, has, yet contended with much vigour before this Court, that, dehors, the, afore excepting principles, against, the impermissibility, of, the learned first appellate court, rather making, an, order of wholesale remand, of, the lis, vis-a-vis, the remandee court, rather hereat not begetting apt satiation, (a) nonetheless, the extant lis, falls, within, the ambit, of, Order 41, Rule 23-A of the CPC, provisions whereof stand extracted hereinafter:- "23-A. Remand in other cases.- Where the Court from whose decree an appeal is preferred has disposed of the case otherwise than on a preliminary point, and the decree is reversed in appeal and a re-trial is considered necessary, the Appellate Court shall have the same powers as it has under rule 23." (I) especially, when, the statutory phrase borne therein "retrial is considered necessary", has, hereat become meted satiation, (ii) thereupon, the learned first appellate court, dehors, its, meteing, an, ad nauseam reasoned apposite disconcurrent findings, upon, the afore issues, vis-a-vis, the, findings, rendered, earlier thereon, and, adversarial, to, the, plaintiff, by, the learned trial Court, did validly, on anvil thereof, hence, exercise, the apt jurisdiction, to, make, a, wholesale remand of the lis, vis-a-vis, the remandee court. However, for, the reasons to be assigned hereinafter, the afore submission, as made, before, this Court, by the learned counsel appearing, for, the respondent, appears to be falteringly made, (iii) as, the, prior thereto imperative condition, as, comprised, in the,necessity, of, it becoming established, before the learned first appellate Court, vis-a-vis, the learned trial Court, rather disposing, the, subjudice lis, before, it, otherwise than, on, a, preliminary point, also warranting satiation therewith becoming meted. However, even though, the learned trial Court, had not, terminated the afore Civil Suit No. 87, of, 2001, upon, a, preliminary issue, rather it had returned findings, upon, all the formulated issues, and, thereafter it dismissed, the, plaintiff''s suit, and, thereupon, the afore initial condition, borne in Rule 23-A of Order 41, of, the CPC, though became satiated, (iv) yet the innate signification, as, carried, by, the, afore statutory phrase would not yet beget satiation, as, the parlance borne, by, the, afore alluded statutory phrase, occurring therein, and, hence, appertaining, to, the, ordering, of, retrial by the learned first appellate Court, vis-a-vis, the remandee court, as arose, before, the, learned first appellate court, rather becoming spurred, or attracted, (v) upon, the learned trial Court, assuming invalid jurisdiction, upon, the apposite suit, and, invalid assumption, of, jurisdiction(s) thereon, evidently arising, from, the suit becoming constituted by an evidently hence, proven minor, without, his, being, sued, before, the, learned trial Court, by, his guardian or next friend, (vi) and, jurisdiction assumed, , upon, the apposite suit becoming instituted, by, a, person of unsound mind, and, the, apposite espoused leave, to, defend his interest, in, the litigation, becoming untenably declined, to his guardian or next friend, (vii) whereupon, either a minor or the person of unsound mind hence becoming precluded, to, either make valid vicarious pleadings, or, to, make valid vicarious testification(s), hence theirs, becoming encumbered, with, the, ill consequence of their suit claim, becoming untenably dismissed. If the afore, is, the innate parlance, as, carried, by, the afore statutory phrase, borne, in, Rule 23- A of Order 41, of, the, CPC, thereupon, the extant lis, does not, fall, within, the, ambits thereof, (viii) nor the learned first appellate Court, could, given also, the, afore excepting principles, vis-a-vis, the impermissibility, of, the, learned first appellate Court hence to make an order, of, wholesale remand, of, the lis, vis-a-vis, the remandee court, remaining unsatiated, rather make, an, order, for, wholesale remand of the lis, vis-a-vis, the remandee court, hence, to enable the latter, to, render fresh findings, on, all, issues, (ix) and, thereupon, it appears, that, it has untenably, despite, no satiation becoming meted, with, the, afore statutory parameters, borne, in, Order 23-A, Rule 41 of the CPC, for, validating the ordering, of, the, retrial, of, the lis, by the learned trial court concerned, hence, has made, the, impugned order, of, wholesale remand of the lis, vis-a-vis, the remandee court. 7. For the foregoing reasons, the extant appeal, is, allowed, and, the impugned order made by learned First Appellate Court, hence, making, a, wholesale remand, of, the lis, vis-a-vis, remandee court, is, set aside. Consequently, the learned First Appellate Court, is, directed, to, in accordance with law make, a, decision afresh, upon, Civil Appeal No. 07-K/XIII/2015. The parties are directed to appear before the learned First Appellate Court concerned, on, 6th January, 2020. All pending applications also stand disposed of. No order as to costs. Records be sent back forthwith.