Article 343 — Appelate Court may frame issues and refer them for trial

(1) Where the court from whose decree or order the appeal is pre- ferred 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 or order the appeal is pre- ferred, and in such case shall direct such Court to take the addi- tional evidence required. (1) Tbe court to which issues are referred shall proceed to try such issues, and shall return the evidence to the Appellate Court together with its findings thereon and the reasons therefor. which evidence and fmdings shall form part of the record in the suit.