KARABHAI RAMBHAI BHUTIYA Vs. RAJUBHAI RASIKCHANDRA DALVADI

JUDGEMENT

(1.) Challenge in this Appeal from Order, under Order 43 Rule 1(u) of the Code of Civil Procedure, is the judgment and order dtd. 21/10/2022 passed below Exh. 27 in Regular Civil Appeal No. 82 of 2018, whereby, the learned 4th Additional District Judge, Vadodara, while deciding the Appeal from the judgment and decree of the trial Court, reverse the judgment of the trial Court and remanded the suit to the trial Court for its retrial.

(2.) The brief facts necessary for the disposal of present Appeal from Order are as follow:

(3.) Aggrieved by the order of the first Appellate Court, the original defendant no. 2 has preferred this Appeal from Order, stating inter- alia, that, the first Appellate Court erred in law by remanding the matter as the order passed in a casual manner and is dehor of the Rule 23, 23A of Order 41 of the CPC.