If in any appeal filed under the provisions of sub-section (4) of Section 286, the appellate court has not before it all the material necessary for the determination of the question of proprietary right it may either,
(a) remand the case to the civil court which decided the issue on the question of proprietary right, or
(b) frame a fresh issue with respect to such question and refer it for trial to any subordinate court of competent jurisdiction.
(a) remand the case to the civil court which decided the issue on the question of proprietary right, or
(b) frame a fresh issue with respect to such question and refer it for trial to any subordinate court of competent jurisdiction.
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