2014 AIR CC 247 (RAJ)

Rajasthan High Court

Hon'ble Judge(s): Arun Bhansali , J

( A ) Civil Procedure Code (5 of 1908) O. 43 , R. 1(a), Ss. 100, 104(2) — Appeallable orders — Order of remand passed under O. 21, R. 23 or 23-A in an appeal under Section 104 is not appeallable — No second appeal would lie from such order as the same is not permitted.Section 104(2) CPC clearly bars appeal from any order passed in appeal under the provisions of Section 104 under which Order 43, Rule 1, CPC has been framed. Therefore, no second appeal would lie from order passed by the appellate Court under Order 43, Rule 1(a) of the CPC and consequently, as the power of remand has been exercised while exercising powers under Order 43, Rule 1(a), CPC, the appeal under Order 43, Rule 1(u), CPC would not be maintainable. (Paras1112)