Where the Court from whose decree an appeal is preferred has disposed of the suit upon a 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, and shall send a copy of its judgment and order to the Court from whose decree the appeal is preferred, which directions to re-admit the suit under its original number in the register of civil suits, and proceed to determine the suit; and the evidence (if any) recorded during the original trial shall, subject to all just exceptions, be evidence during the trial after remand.

High Court Amendments-[Allahabad].-In rule 23, after the words "and the decree is reversed in appeal" insert the following words, namely, "or where the Appellate Court while reversing or setting aside the decree under appeal considers it necessary in the interest of justice to remand the case, it". And delete the words "the Appellate Court" occurring thereafter and delete also the words "if it thinks fit" occurring after the word "may".-(1-6-1957). [Andhra Pradesh].-Same as that of Madras. [Karnataka].-Substitute the following for rule 23: "Where the Court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point and the decree is reversed in appeal, or where the Appellate Court in reversing or setting aside the decree under appeal considers it necessary in the interests of justice to remand the case, the Appellate Court may by order remand the case, and may further direct what issue or issues shall be tried in the case so remanded and whether any further evidence shall or shall not be taken after remand, and shall send a copy of its judgment or order to the Court from whose decree the appeal is preferred, with directions to re-admit the suit under its original number in the register of civil suits, and proceed to determine the suit; the evidence, if any, recorded during the original trial shall subject to all just exceptions, be evidence during the trial after remand."-(5-11-1959). [Kerala].-Same as that of Madras-(9-6-1959). [Madras].-(a) After the words "the decree is reversed in appeal" insert the words "or where the Appellate Court, in reversing or setting aside the decree under appeal considers it necessary in the interests of justice to remand the case", and (b) delete the words "if it thinks fit" occurring after the words "the appellate Court may". [Rajasthan].-For rule 23, the following rule shall be substituted, namely:

23A. [Remand in other cases. - Where the Court from whose decree an appeal is preferred has disposed of the case otherwise than on a preliminary point, and the decree is reversed in appeal and a retrial is considered necessary, the Appellate Court shall have the same powers as it has under rule 23.] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 2.2.1977).]

Where the Court from whose decree an appeal is preferred has disposed of the suit upon a 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, and shall send a copy of its judgment and order to the Court from whose decree the appeal is preferred, which directions to re-admit the suit under its original number in the register of civil suits, and proceed to determine the suit; and the evidence (if any) recorded during the original trial shall, subject to all just exceptions, be evidence during the trial after remand.

High Court Amendments-[Allahabad].-In rule 23, after the words "and the decree is reversed in appeal" insert the following words, namely, "or where the Appellate Court while reversing or setting aside the decree under appeal considers it necessary in the interest of justice to remand the case, it". And delete the words "the Appellate Court" occurring thereafter and delete also the words "if it thinks fit" occurring after the word "may".-(1-6-1957). [Andhra Pradesh].-Same as that of Madras. [Karnataka].-Substitute the following for rule 23: "Where the Court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point and the decree is reversed in appeal, or where the Appellate Court in reversing or setting aside the decree under appeal considers it necessary in the interests of justice to remand the case, the Appellate Court may by order remand the case, and may further direct what issue or issues shall be tried in the case so remanded and whether any further evidence shall or shall not be taken after remand, and shall send a copy of its judgment or order to the Court from whose decree the appeal is preferred, with directions to re-admit the suit under its original number in the register of civil suits, and proceed to determine the suit; the evidence, if any, recorded during the original trial shall subject to all just exceptions, be evidence during the trial after remand."-(5-11-1959). [Kerala].-Same as that of Madras-(9-6-1959). [Madras].-(a) After the words "the decree is reversed in appeal" insert the words "or where the Appellate Court, in reversing or setting aside the decree under appeal considers it necessary in the interests of justice to remand the case", and (b) delete the words "if it thinks fit" occurring after the words "the appellate Court may". [Rajasthan].-For rule 23, the following rule shall be substituted, namely:

23A. [Remand in other cases. - Where the Court from whose decree an appeal is preferred has disposed of the case otherwise than on a preliminary point, and the decree is reversed in appeal and a retrial is considered necessary, the Appellate Court shall have the same powers as it has under rule 23.] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 2.2.1977).]