Acquiescence in remand proceedings can bar a later appeal against the remand order after final disposal.

A challenge to a remand order was treated as unavailable where the appellant, without objection or stay, participated in the rehearing to its conclusion and allowed the suit to be finally disposed of on that basis. The Court held that a party who acquiesces in the remand and submits to the fresh trial cannot later maintain a separate appeal against the remand order after final disposal; the proper remedy lies against the decree passed after remand. Earlier observations suggesting a different approach were treated as not governing this point. The preliminary objection succeeded and the appeal was dismissed as not maintainable.

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Issues: Whether an appeal against an order of remand was maintainable when the appellant, without protesting or seeking stay, proceeded with the remanded trial to its conclusion and only thereafter challenged the remand.

Analysis: An appeal against a remand order is statutorily provided, but the right is not to be exercised in disregard of the procedural course adopted by the appellant after remand. Where the appellant submits to the remand, takes part in the fresh hearing without objection, and allows the suit to be finally disposed of on that basis, he is treated as having accepted the remand for that stage of the litigation. In such circumstances, the proper course is to pursue the remedy against the decree passed after remand, and not to undermine the remand order after the final disposal of the suit. The Court also treated earlier observations suggesting a contrary view as not governing the present point.

Conclusion: The appeal was held not maintainable and was dismissed; the preliminary objection succeeded in favour of the respondent.

Final Conclusion: A party who acquiesces in a remand order by proceeding with the rehearing without protest cannot, after final disposal of the suit, successfully maintain a separate challenge to the remand order.

Ratio Decidendi: The right to appeal against a remand order may be lost or rendered unavailable in practice where the appellant, without objection or request for stay, submits to the remanded proceedings and allows the matter to be finally decided on that footing.

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