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.
THE FIRST SCHEDULE · ORDER XLI APPEALS FROM ORIGINAL DECREES · Procedure on hearing
Order XLI Rule 23: Remand of case by Appellate Court
The Code of Civil Procedure, 1908
Questions on this rule
3 questions in 14 of our papers cite Order XLI Rule 23. Try these from the free papers:
1. A plaint in a civil suit was rejected by the trial court. On appeal, the appellate court sets aside the decree and remands the whole suit for a fresh decision on a ground mentioned in Rule 23 of Order XLI of the Code of Civil Procedure, 1908. Under Section 15 of the Gujarat Court-fees Act, 2004, the appellant is entitled to a certificate to receive back from the Collector: