Assume an appeal would lie from the decree of the appellate court. Which order is appealable under…
Order XLIII rule 1(u) permits an appeal from a remand under Order XLI rule 23 or 23-A when an appeal would lie from the decree of the appellate court.
Choose your answer
Assume an appeal would lie from the decree of the appellate court. Which order is appealable under Order XLIII rule 1(u) of the Code of Civil Procedure, 1908?
Answer and explanation
Correct answer A
Order XLIII rule 1(u) permits an appeal from a remand under Order XLI rule 23 or 23-A when an appeal would lie from the decree of the appellate court.
Option feedback
Option A
Rule 1(u) covers a remand under Order XLI rule 23 when an appeal would lie from the appellate decree.
Option B
Reference of an issue under rule 25 is distinct from the remand specified by rule 1(u).
Option C
A dismissal for default under rule 17 is outside the remand clause.
Option D
Readmission under rule 19 is outside the remand clause.
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