Brajbhushan Gupta And 5 Others vs Vinod Jaiswal
2022 Latest Caselaw 4162 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- SECOND APPEAL No. - 104 of 2022
 

 
Appellant :- Brajbhushan Gupta And 5 Others
 
Respondent :- Vinod Jaiswal
 
Counsel for Appellant :- Hari Om,Akash Khare
 
Counsel for Respondent :- Vinayak Mithal
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Heard Sri Hari Om Khare, learned counsel for the appellants and Sri Vinayak Mithal, learned counsel for the respondent.

A preliminary objection has been raised by Sri Vinayak Mithal, learned counsel for the respondent, that a second appeal would not lie against a remand order and in view of Order 43 Rule 1 (u) CPC miscellaneous appeal would lie.

It is settled law that against a remand order no second appeal lie.

In view of the said fact, present appeal is dismissed leaving it open to the appellants to challenge the judgment and decree passed by the lower appellate court before the appropriate forum.

Office is directed to return the copy of the judgment and decree passed by the lower appellate court as well as the trial court, as per the Rules of the Court, within one week.

Order Date :- 25.5.2022

Shekhar