Code of Civil Procedure, 1908–Order 43, Rules 1(u) & Order 41, Rule 23-A–Order of Remand–Appeal against–Maintainability–Trial Court disposed of the suit on merits–First appellate Court set aside the order and decree and directed for deciding afresh–Order was passed by exercising the powers under
Order 41, Rule 23-A–Order was amenable to appeal under Order 43, Rule 1(u)–View taken by High Court was not correct.
