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Judgment
The order appealed against is an order passed on appeal against an order passed u/s 493 of the Code of Civil Procedure. According to Section
588 of the Coda any order passed on appeal against an order passed u/s 493 is final and no appeal lies. It is true that the order appealed against
happens to be an order of remand and the same Section 588 shows that in the case of some such orders an appeal does lie. But, in our opinion,
that makes no difference. The words used are clear and amount to this, that every order which is passed in an appeal presented under the
provisions of Section 588 is final.
There are orders of remand which are not passed on such appeals, but in the present; case it is clear that the appeal to the District Court was an
appeal given by Section 588.
The appeal must be dismissed with costs.
