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    <title>1948 (7) TMI 7 - MADRAS HIGH COURT</title>
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    <description>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.</description>
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    <pubDate>Fri, 30 Jul 1948 00:00:00 +0530</pubDate>
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      <title>1948 (7) TMI 7 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=195757</link>
      <description>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.</description>
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      <pubDate>Fri, 30 Jul 1948 00:00:00 +0530</pubDate>
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