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Head Note

The Code of Civil Procedure, 1908  - Order XLI Rule (23)

Order of remand passed by Appellate Court under Order 43, Rule 1(u) of C.P.C. to trial Court to decide the suit afresh after after giving parties an opportunity to lead evidence - The order of remand is amendable to appeal.

The Code of Civil Procedure, 1908  - Order XLI Rule (23)

Trial Court passing decree or preliminary issue - Appeal is maintainable under Order 41 Rule 23 of C.P.C. - Appellant Court can reverse the decree and remand the case for fresh trial - Under Order 41 Rule 23-A the appellate Court may remand the suit to the trial Court even though such suit has been disposed of on merits.

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