MT DULIA Vs. RAM NARAIN

JUDGEMENT

(1.) This is an appeal from the following order of the Court below dated 26th January 1933: For the ends of justice it is necessary to obtain definite findings from the trial Court on the following issues.... The finding shall be returned to this Court within six weeks and the parties will be at liberty to file objections there to according to law.

(2.) A preliminary objection has been taken on behalf of the respondent that no appeal lies to this Court from an order by which the appellate Court has framed certain issues and referred them for trial to the first Court. The reply of learned Counsel on behalf of the appellant is that by reason of a recent amendment by the Allahabad High Court in Order 43, Rule 1, Clause (u) an appeal has been permitted. Order 43, Rule 1, Clause (u) before the amendment stood as follows: An order under Rule 23, Order 41 remanding a case where an appeal would lie from the decree of the appellate Court.

(3.) After the amendment the rule runs as follows: Any order remanding a case where an appeal would lie from the decree of the appellate Court.