Code of Civil Procedure, 1908–Order 41, Rule 23–Scope–When the Trial Court has not decided the suit on merits but has disposed of it on a preliminary grounds, the Appellate Court, upon reversal of such decree, may afford the parties an opportunity to lead evidence and contest the matter fully–Thus, the proceedings revive from the stage where they were left, and the plaintiff is to be granted another chance to establish his case.
