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Chandan and anr. Vs. Ghissa - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Reported inAIR1937All580
AppellantChandan and anr.
RespondentGhissa
Excerpt:
- .....of and it is sent back to the trial court for final disposal. where the court retains seisin of the case and remits issues to the trial court, whose findings on such issues are awaited, the order is in no sense an order of 'remand'. the word 'remand' does not occur in order 41, rule 25 civil p.c. the lower appellate court has not used the word 'remand', though even if it had used it the position would not have been different. in my opinion this appeal is wholly incompetent. it is accordingly dismissed under order 41, rule 11, civil p.c.
Judgment:

Niamatullah, J.

1. This purports to be an appeal from an order of remand. As a matter of fact, the order is one under Order 41, Rule 25, Civil P.C. remitting two issues to the trial Court for findings. The lower appellate Court has retained seisin of the appeal, which is to be disposed of on receipt of the findings on the aforesaid issues. Order 43, Rule 1(a), allows an appeal from every order of 'remand', whether it be under Order 41, Rule 23, Section 107 or Section 151, Civil P.C., but the order must be one of remand, which implies that the case, so far as the appellate Court is concerned, is finally disposed of and it is sent back to the trial Court for final disposal. Where the Court retains seisin of the case and remits issues to the trial Court, whose findings on such issues are awaited, the order is in no sense an order of 'remand'. The word 'remand' does not occur in Order 41, Rule 25 Civil P.C. The lower appellate Court has not used the word 'remand', though even if it had used it the position would not have been different. In my opinion this appeal is wholly incompetent. It is accordingly dismissed under Order 41, Rule 11, Civil P.C.


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