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Bare acts > Code of Civil Procedure, 1908 > Order 41 Rule 23
 
  


 

23. Remand of case by Appellate Court.- 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 r issues shall be tried in the case so remanded, and shall send a cop of its judgment and order to the court from whose decree the appeal is preferred, with 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.

HIGH COURT AMENDMENTS

Allahabad.- In Rule 23:

(i) Insert he following after the words ‘and the decree is reversed in appeal”, namely:

“or where the Appellate Court while reversing or setting aside the decree under appeal considers it necessary in the interest of justice to remand the case, it”; and

(ii) delete the words “the Appellate Court” occurring thereafter and delete also the words

“if t thinks fit”, occurring after the words “may”.

Andhra Pradesh.- Same as that of Madras.

Kerala, Laccadive, Minicoy and Amindivi Islands.- Same as that of Madras. (9-6-1959)

Madras and Pondicherry.- (a) Same as that of Allahabad.

(d) delete the words “if it thinks fit”, occurring after the words “the Appellate Court may”.

Karnataka.- Same as that of Madras (a) and (b).

(ii) After the words “in the case so remanded”, insert the words “and whether any further evidence shall or shall not be taken after remand”. (5-11-1959).

(iii) For the words “judgment and order”, substitute the words “judgment or order”.

Rajasthan.- For Rule 23, the following rule shall be substituted, namely:

“23, Remand of case by Appellate Court — Where the Court from whose decree an appeal is preferred has disposed of the suit on a preliminary point and the decree is reversed in appeal, or where the Appellate Court, while reversing or setting aside the decree under appeal, considers it necessary in the interests of justice to remand the case, it may 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, with direction tore-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. he evidence during the trial after remand.” (11-3-1965).

 

 

 

 

 

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