Bankat Swami Trust vs Daiwan(D) - CPC - Second Appeal - Finding Of Fact

Code of Civil Procedure 1908 - Section 100 - The High Court, if it is of the view that a finding of fact is required for the adjudication of the second appeal, can call for the same from the Trial Court, by keeping the appeal pending- For the aforesaid purpose, there is no need to set aside the judgment and decree of the First Appellate Court and, thereafter, remit it to the Trial Court for fresh consideration. (Para 3-4)