Yogendra Gupta vs Nagendra Prasad Gupta And 2 Others
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Allahabad High Court

Yogendra Gupta vs Nagendra Prasad Gupta And 2 Others on 22 May, 2024

Author: Saral Srivastava

Bench: Saral Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:92748
 
Court No. - 7
 

 
Case :- SECOND APPEAL No. - 385 of 2024
 

 
Appellant :- Yogendra Gupta
 
Respondent :- Nagendra Prasad Gupta And 2 Others
 
Counsel for Appellant :- Ashwani Kumar Pathak
 
Counsel for Respondent :- Hare Ram Pandey
 

 
Hon'ble Saral Srivastava,J.
 

1. Heard learned counsel for the appellant.

2. The present second appeal has been preferred against the judgement and decree dated 07.02.2024 passed by Additional District and Sessions Judge/Special Judge (Prevention of Corruption Act), Court No.5, Gorakhpur in Civil Appeal No.16 of 2023 whereby the order dated 18.02.2021 passed by the Civil Judge (Junior Division), Bansgaon, Gorakhpur in Original Suit No.173 of 2012 has been set aside and remanded the matter to the trial court for deciding afresh.

3. Against the order impugned, there is remedy of filing First Appeal From Order under Order 43 Rule 1 (u) of C.P.C. as the order of remand passed by the first appellate court is an order under Order 41 Rule 23 of C.P.C., therefore, in view of Order 43 Rule 1 (u) of C.P.C., as well as in view of the judgment of this Court in the case of Shrivatsa Goswami Vs. Anant Prasad Singh & Another in Second Appeal No.599 of 2023, First Appeal From Order shall lie against the judgement and decree dated 07.02.2024 passed by Additional District and Sessions Judge/Special Judge (Prevention of Corruption Act), Court No.5, Gorakhpur.

4. In such view of the fact, the present second appeal is not maintainable and is hereby dismissed as the remedy to the appellants is to file First Appeal From Order under Order 43 Rule 1 (u) of C.P.C.

5. Office is directed to return the certified copy of the impugned judgement and order to the learned counsel for the appellants after retaining a photocopy of the same on record.

Order Date :- 22.5.2024

NS