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TMI Blog1909 (3) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... he appeal on the ground that before the appeal was presented to this Court the final decree in the suit had been made by the Subordinate Judge on the 10th July 1907, and that consequently it was not open to the appellant to challenge the correctness of the preliminary decree without preferring an appeal against the final decree. In our opinion this contention is well founded and the appeal is inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ? The final decree, which up to the present moment has not been questioned by way of appeal, would still stand, and that decree would entitle the plaintiff to eject the appellant. If the appeal is heard and decided in favour of the appellant, in order to give him any relief, the final decree against which no appeal has been preferred would have to be indirectly set aside. It is difficult to apprec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the decision of a Full Bench of the Allahabad High Court in Uman Kunwari v. Jarbandhan (1908) I.L.R. 30 All. 479, in which it was ruled that the fact that a suit has been decided by the Court of first instance in compliance with an order of remand made under Section 562 of the Code of Civil Procedure is no bar to the filing of an appeal from the order of remand or to the hearing of such an appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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