Misra, J. - (1.) This is a Full Bench reference.
(2.) The defendant-appellant, Mata Prasad Pandey came up to this Court by way of appeal under Order 43, Rule 1 (u), Civil P. C. He challenged the appellate order of the learned Civil Judge, Fyzabad, passed in appeal under Order 43, Rule 1 (a), Civil P. C. remanding the case for disposal on merits under Order 41, Rule 23, Civil P. C.
(3.) On the date on which this appeal was first argued before a single Judge of this Court, it was conceded that a second appeal against the appellate order of remand was incompetent. It was prayed, however, that the memorandum of appeal be treated as a revision. The sole question for determination before us is whether the order of remand passed under Order 41, Rule 23 constitutes a 'case decided' within the meaning of Section 115, Civil P. C. The reference was necessitated because of a conflict between the Oudh Chief Court and the Allahabad view on the aforementioned question.;