Code of Civil Procedure, 1908–Order 41, Rules 27 & 28–Scope–Once the application under Order 41, Rule 27 was allowed, the procedure contemplated under Order 41, Rule 28 was required to be followed by the first appellate Court–First appellate Court simply acted upon the document and passed the decree whereas the document should have been proved in accordance with law–High Court was required to remit the matter to first appellate Court instead of allowing the second appeal–Ordered accordingly.
