https://www.taxtmi.com/caselaws?id=312754 A remand order made under Order 41 Rule 23 of the Civil Procedure Code, 1908 after reversal of a dismissal on a preliminary point is an order, not a decree, and is separately appealable under Order 43 Rule 1(u). For an appeal to His Majesty in Council under Section 109(a), the decisive test is whether the order finally disposes of the rights of the parties in the suit. An order that leaves the suit alive for trial on the merits is not final, even if it resolves an important issue. The remand order was therefore not a final order within Section 109(a) and was not appealable as of right under Section 110. en-us Mon, 19 Dec 1932 00:00:00 +0530 Tue, 05 Mar 2024 10:52:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312754 A remand order made under Order 41 Rule 23 of the Civil Procedure Code, 1908 after reversal of a dismissal on a preliminary point is an order, not a decree, and is separately appealable under Order 43 Rule 1(u). For an appeal to His Majesty in Council under Section 109(a), the decisive test is whether the order finally disposes of the rights of the parties in the suit. An order that leaves the suit alive for trial on the merits is not final, even if it resolves an important issue. The remand order was therefore not a final order within Section 109(a) and was not appealable as of right under Section 110. Case-Laws Indian Laws Mon, 19 Dec 1932 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312754