(1.) THIS is a reference by a learned Single Judge of this Court, and the point referred has been formulated as follows:-
(2.) THE law laid down in ILR (1953) 3 Raj 483: (AIR 1953 Raj 137) (FB) (A) was in these terms -
(3.) THE answer to the point formulated by the learned Single Judge obviously depends upon, whether it is open to a party to raise a ground of appeal under section 105 C. P. C. from the final decree or order in the High Court, (assuming the case will come to the High Court in second appeal) challenging the correctness of the order of remand.