High CourtsDivision Bench(1934) 09 AHC CK 0043

Kunwar Indra Bikram Singh vs Gaya Prasad and Another

Allahabad High Court · Decided on 14 September 1934 · Citation: AIR 1935 All 140

HON’BLE JUDGES
Collister, J
RESULT
Dismissed

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Judgment

1 paragraphs · 139 words

Collister, J.—This is an appeal from an order of the District Judge of Shahjahanpur, remitting a certain issue to the trial Court under Order 41, Rule 25, Civil P.C. The question arises whether an appeal lies from such an order. Under Order 43, Rule 1(u), Civil P.C., an appeal lies from an order remanding a case, but the order before us is not an order of remand at all, but merely an order remitting an issue to the trial Court and the lower appellate Court has retained seisin of the case. Nor can it be said that it is an appealable order passed u/s 47 for it is not a question "relating to the execution, discharge or satisfaction of the decree." In our opinion no appeal lies, and the appeal is accordingly-dismissed under Order 41, Rule 11, Civil P.C.