Heard learned counsel for the parties.
By the impugned judgement dated 21.4.2016, the first appellate court had allowed the appeal and remanded the matter to the trial court for rehearing. The appeal against such orders can be preferred under Order XLIII Rule 1 (u), which provides against the order passed in first appeal for remanding the case, the appeal would lie against this order XLIII. This Court is equipped with jurisdiction to entertain the appeals under Order XLI. Therefore, in present matter FAFO would lie, for which memorandum of appeal be returned to counsel for the appellants for presentation before competent court after incorporating necessary amendments.
In alternative appellants may prefer appeal under Order XLIII CPC separately within period of limitation.
If any appeal under Order XLIII CPC is preferred, the copy of its memorandum may be furnished to counsel for the respondent and all annexing documents.
Order Date :- 18.5.2016 Sanjeev