Remand of case by Appellate Court
Appeals From Original Decrees, in the First Schedule to The Code of Civil Procedure, 1908
Where the Court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point and the decree is reversed in appeal, the Appellate Court may, if it thinks fit, by order remand the case, and may further direct what issue or issues shall be tried in the case so remanded, and shall send a copy of its judgment and order to the Court from whose decree the appeal is preferred, which directions to re-admit the suit under its original number in the register of civil suits, and proceed to determine the suit; and the evidence (if any) recorded during the original trial shall, subject to all just exceptions, be evidence during the trial after remand.
How this Rule is cited
It is written both ways, and both mean this Rule: Order XLI Rule 23 CPC and Order 41 Rule 23 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 41 Rule 23 CPC, Order XLI Rule 23 CPC. Each opens the full-text search over every order eCourtsIndia holds.
This Order may be one Rule short. India Code publishes the Rules of the First Schedule without recording which Order each one belongs to. We recover that from the Government's own consolidated text of the Code, and for this Order one Rule did not settle beyond doubt. Rather than print it under an Order it might not belong to, it is left out and this note put in its place. Everything shown here is where the Code puts it.
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.