SUBHRO KAMAL MUKHERJEE, J. - (1.) THIS is an appeal against an order of remand. The learned Civil Judge (Junior Division), First Court at Port Blair, District South Andaman, decreed the Other Suit No.4 of 2003 by the judgment and decree dated September 22, 2009.
(2.) THE defendant, being aggrieved by and dissatisfied with such decree, preferred Other Appeal No. 2 of 2010 in the Court of learned District Judge. Eventually, the appeal was transferred to the Court of the learned Additional District Judge. The appeal was re -numbered as Other Appeal No. 32 of 2010. By the impugned judgment and order of remand the learned Additional District Judge allowed the appeal on contest and set aside the judgment and decree dated September 22, 2009 passed by the learned Trial Court in the said suit. The suit was sent back on remand with a direction to the Trial Court to dispose of the suit by writing a fresh judgment after giving opportunities of hearing to both sides. Although this is an appeal against an order of remand, curiously, this appeal is classified as an appeal from appellate decree.
(3.) THE Code of Civil Procedure provides for appeals from original appellate decrees. It, also, provides for appeals against orders of remand. The Code of Civil Procedure provides for appeals against orders of remand under three circumstances as contemplated in rules 23, 23 -A and 25 of Order 43 of the Code of Civil Procedure. Under rule 23 if a suit is decreed on 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. The Trial Court shall, thereafter, re -admit the suit under its original number and proceed to determine the suit. Evidence, if any, recorded during the original trial shall, subject to all just exceptions, be evidence during the Trial after remand.;