- (1.) THIS is a reference by a learned Single Judge of this Court, and the point referred has been formulated as follows:- "whether an order of remand passed under Section 151, C. P. C. or otherwise and from which no appeal lies can he challenged by way of revision under Section 115 C. P. C. in view of the decision of this Court in prohit Swarup Narain v. Gopi Nath, ILR (1953) 3 Raj 483: AIR 1953 Raj 137 (FB) (A) and whether the revision against the order of remand in the present case is competent?"
(2.) THE law laid down in ILR (1953) 3 Raj 483: (AIR 1953 Raj 137) (FB) (A) was in these terms - "where it is open to a party to raise a ground of appeal in High Court under Section 105 C. P. C. from the final decree or order with respect to any order which has been passed during the pendency of the case, it should be held that an appeal in that case lies to the High Court within the meaning of the term "in which no appeal lies thereto" appearing in section 115 of C. P. C. "
(3.) THE answer to the point formulated by the learned Single Judge obviously depends upon, whether it is open to a party to raise a ground of appeal under section 105 C. P. C. from the final decree or order in the High Court, (assuming the case will come to the High Court in second appeal) challenging the correctness of the order of remand.;