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Judgment
2 paragraphs · 175 wordsThe preliminary point that no appeal lies must prevail. There was no remand here under Order 41, Rule 23, Civil P. C., though the District Judge refers to this in his judgment. It is a remand u/s 151, Civil P. C., as has been held recently in B. Mallayya v. P. Veerayya A. I. R. 1927 Mad. 335 and other cases. The District Munsif did not decide the suit on any preliminary point, but on all the issues raised after an ex-parte decree is set aside and the suit remanded for trial. Sadhu Krishna Aiyar v. Kuppan Ayyangar [1907] 30 Mad. 54 is authority for the proposition that the remand is not under Order 41, Rule 23. The learned vakil for the appellant desires to argue this on the footing of a civil revision petition. This cannot be done: cf. B. Mallayya v. P. Veerayya A. I. R. 1927 Mad. 335.
The appeal is dismissed with costs of defendant 3. The memorandum of objections is not pressed and must be dismissed with costs.