Where the Court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point and the decree is reversed in appeal, the Appellate Court may, if it thinks fit, by order remand the case, and may further direct what issue or issues shall be tried in the case so remanded, and shall send a copy of its judgment and order to the Court from whose decree the appeal is preferred, which directions to re-admit the suit under its original number in the register of civil suits, and proceed to determine the suit; and the evidence (if any) recorded during the original trial shall, subject to all just exceptions, be evidence during the trial after remand.
Order XLI Rule 11 CPC Power to dismiss appeal without sending notice to Lower Court
Order XLI Rule 11A CPC Time within which hearing under rule 11 should be concluded
Order XLI Rule 12 CPC Day for hearing appeal
Order XLI Rule 14 CPC Publication and service or notice or day for hearing appeal
Order XLI Rule 16 CPC Right to begin
Order XLI Rule 17 CPC Dismissal of appeal for appellant’s default
Order XLI Rule 19 CPC Re-admission of appeal dismissed for default
Order XLI Rule 21 CPC Re-hearing on application of respondent against whom ex parte decree made
Order XLI Rule 23 CPC Remand of case by Appellate Court
Order XLI Rule 23A CPC Remand in other cases
Order XLI Rule 24 CPC Where evidence on record sufficient Appellate Court may determine case finally