https://www.taxtmi.com/caselaws?id=296253 An order of remand was treated as a procedural order within the appellate court's power, not as an order made without jurisdiction. Because it was not made under Order 41 Rule 23 CPC, no appeal lay under Order 43 Rule 1(a) or any other provision. Even if the appellate court should have proceeded under Order 41 Rule 27, the remand was only an improper exercise of jurisdiction already possessed, so Section 115 CPC could not be invoked. The revision challenge therefore failed, and the appeal petition was dismissed with costs. en-us Thu, 20 Oct 1921 00:00:00 +0530 Mon, 12 Jul 2021 17:01:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=296253 An order of remand was treated as a procedural order within the appellate court's power, not as an order made without jurisdiction. Because it was not made under Order 41 Rule 23 CPC, no appeal lay under Order 43 Rule 1(a) or any other provision. Even if the appellate court should have proceeded under Order 41 Rule 27, the remand was only an improper exercise of jurisdiction already possessed, so Section 115 CPC could not be invoked. The revision challenge therefore failed, and the appeal petition was dismissed with costs. Case-Laws Indian Laws Thu, 20 Oct 1921 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=296253