AIR 1933 RANGOON 413

Rangoon High Court

Hon'ble Judge(s): Ba U , J

(A) Civil P.C. (5 of 1908) , O.41 R.23— -" Preliminary point" comprehends all points whether of law or of fact which prevent Court from disposing of case on merits - Issues framed and whole evidence recorded by trial Court, but suit disposed on findings of one or two of the issues - Appellate Court can remand case under O. 41, R. 23. The expression" preliminary point" used in O.41, R. 23 is not confined to such legal points only as may be pleaded in bar of suit, but comprehends all such points as may have prevented the Court front disposing of the case on the merits, whether such points are pure questions of law or pure questions of fact. Hence it is competent to an appellate Court to remand a case under O. 41, R. 23 where the Court of first instance, having framed issues and recorded all the evidence has decided the case with reference to its findings on one or two issues leaving the other issues undecided . *(B) Civil P.C. (5 of 1908) , O.41 R.23— - Suit remanded under O. 41, R. 23 - If opposite party objects to order of remand and does not take part in proceedings in lower Court lie can file appeal from order of remand, even though, in meantime, remanded case is disposed of by lower Court. Where an order of remand is passed under O.41, R. 23, if a party p....