K HANUMANTHA REDDY Vs. KURUVA POTHARAJU

JUDGEMENT

(1.) Heard Sri K. Ratangapani Reddy at length.

(2.) The Second Appeal is preferred as against the decree and judgment made in A.S. No.30 of 1998 on the file of the Senior Civil Judge, Adoni, allowing the appeal in part and remanding the matter to the trial Court for fresh disposal by giving opportunity to both the parties to adduce further evidence.

(3.) Order 43 of Code of Civil Procedure : deals with appeals from orders. Order 43 Rule 1 (u) CPC specifies that an appeal shall lie from the following orders under the provisions of Section 104 CPC, namely: an order under Rule 23 or Rule 23-A of Order 41 CPC, remanding a case, where an appeal would lie from the decree of the Appellate Court.