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Judgment
8 paragraphs · 178 wordsThe preliminary point that no appeal lies must prevail. There was no remand here under Order XLI, Rule 23 of the CPC though, the District
Judge refers to this in his judgment. It is a remand u/s 151 of the CPC as has been held recently in Balla Mallayya Vs. Peddi Veerayya and Others,
and other cases.
The District Munsif did not decide the suit on any preliminary point but on the whole of the issues raised; after an ex parte decree is set aside
and the suit remanded for trial. Sadhu Krishna Aiyar v. Kuppan Ayyangar 20 M.P 54 : 1 M.L.T. 268 : 16 M.L.J. 479 is authority for the
proposition that the remand is not under Order XLI 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., Balla Mallayya Vs. Peddi Veerayya and Others,
The appeal is dismissed with costs of 3rd defendant. The memorandum of objections is not pressed and must be dismissed with costs.