When the lower Courts has committed to frame or try any issue or to determine any question of fact, which appears to be appellate Court essential to the right decision of the suit upon the merits, the appellate Court should not reverse the decree, but should proceed under Order XLI, Rule 25 or Rules 27 to 29, Civil Procedure Code. The intention of the Court is that when there is an appeal that appeal, if possible, dispose of the case.
