Section 25. Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from

25. Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from.— Where the Court from whose decree the appeal is preferred has omitted to frame or try any issue, or to determine any question of fact, which appears to the Appellate Court essential to the right decision of the suit upon the merits, the Appellate Court may, if necessary, frame issues, and refer the same for trial to the Court from whose decree the appeal is preferred, and in such case shall direct such Court to take the additional evidence required; and such Court shall proceed to try such issues, and shall return the evidence to the Appellate Court together with its findings thereon and the reasons therefor[1] [within such time as may be fixed by the Appellate Court or extended by it from time to time]. 25. Service where defendant resides out of India and has no agent. —Where the defendant resides out of[4] [India] and has no agent in[4] [India] empowered to accept service, the summons shall be addressed to the defendant at the place where he is residing and sent to him[2] [or by post or by such courier service as may be approved by the High Court, by fax message or by Electronic Mail service or by any other means as may be provided by the rules made by the High Court], if there is postal communication between such place and the place where the Court is situate: 5[Provided that where any such defendant 6[resides in Bangladesh or Pakistan], the summons, together with a copy thereof, may be sent for service on the defendant, to any Court in that country (not being the High Court) having jurisdiction in the place where the defendant resides: Provided further that where any such defendant is a public officer[7] [in Bangladesh or Pakistan (not belonging to the Bangladesh or, as the case may be, Pakistan military, naval or air forces)] or is a servant of a railway company or local authority in that country, the summons, together with a copy thereof, may be sent for service on the defendant, to such officer or authority in that country as the Central Government may, by notification in the Official Gazette, specify in this behalf.] 8 [26. Service in foreign territory through Political Agent or Court.— Where — (a) in the exercise of any foreign jurisdiction vested in the Central Government, a Political Agent has been appointed, or a Court has been established or continued, with power to serve a summons, issued by a Court under this Code, in any foreign territory in which the defendant actually and voluntarily resides, carries on business or personally works for gain, or 1. Ins. by Act 66 of 1956, s. 14 (w.e.f. 1-1-1957). 2. Subs. by Act 46 of 1999, s. 15, for certain words (w.e.f. 1-7-2002). 3. Subs. by the A.O. 1937, for "Bombay and Rangoon". 4. Subs. by Act 2 of 1951, s. 3, for "the State". 5. Ins. by Act 19 of 1951, s. 2. 6. Subs. by Act 104 of 1976, s. 53, for "resides in Pakistan," (w.e.f. 1-2-1977). 7. Subs. by s. 55, ibid ., for certain words (w.e.f. 1-2-1977). 8. Subs. by s. 55, ibid ., for rule 26 (w.e.f. 1-2-1977). (b) the Central Government has, by notification in the Official Gazette, declared in respect of any Court situate in any such territory and not established or continued in the exercise of any such jurisdiction as aforesaid, that service by such Court of any summons issued by a Court under this Code shall be deemed to be valid service, the summons may be sent to such Political Agent or Court, by post, or otherwise, or if so directed by the Central Government, through the Ministry of that Government dealing with foreign affairs, or in such other manner as may be specified by the Central Government for the purpose of being served upon the defendant; and, if the Political Agent or Court returns the summons with an endorsement purporting to have been made by such Political Agent or by the Judge or other officer of the Court to the effect that the summons has been served on the defendant in the manner hereinbefore directed, such endorsement shall be deemed to be evidence of service.