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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.

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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?

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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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