Advocates:
Advocate Appeared:
For the Appellant : Tarun Agrawal
For the Respondent: Dinesh Kumar Misra, Anita Singh and Ishir Sripat

Based on the provided legal document, the key points are as follows:

1. An order reversing a trial court's rejection of a plaint under Order VII Rule 11 of the Civil Procedure Code is deemed a decree and is appealable under Section 96 of the Code. This order effectively disposes of the suit on the matter of rejection, with a finality that justifies its classification as a decree (!) (!) (!) .

2. However, when an appellate court reverses such an order and remits the case for further proceedings—such as framing issues, inviting objections, and conducting a trial—the resulting order is not a final decree but an order of remand. Such remand orders are governed by Order XLI Rule 23 of the Civil Procedure Code (!) (!) .

3. The scope of Order XLI Rule 23, especially after amendments, includes cases where the appellate court considers it necessary in the interest of justice to remand, not solely cases disposed of on preliminary points. This broadens the circumstances under which remand can occur (!) (!) (!) .

4. Remand orders under Order XLI Rule 23 are appealable as orders under Section 104 of the Civil Procedure Code, specifically via Order XLIII Rule 1(u). Such appeals are from orders, not from decrees, and are not second appeals under Section 100 (!) (!) (!) .

5. The order passed by the appellate court in this case, which sets aside the trial court's rejection of the plaint and directs the case to be re-registered and tried on merits, is characterized as a remand order rather than a decree. Consequently, it is not subject to a second appeal under Section 100 but is appealable as an order under Section 104 (!) (!) (!) .

6. The legal framework emphasizes that the trial court becomes functus once it passes a decree, and unless explicitly remanded, it does not automatically regain jurisdiction. Therefore, remand orders are necessary to restore the trial court's jurisdiction to proceed (!) (!) .

7. The amendments and statutory definitions support the view that rejection of a plaint under Order VII Rule 11, while deemed a decree, can be reversed in appeal, leading to either a final decree or a remand, depending on the nature of the appellate order (!) (!) .

8. The appellate court's decision in this case, which involves remanding the case for further proceedings, aligns with the legal principles governing remand orders and their appealability, and the appellant's current appeal should be treated as an appeal from an order rather than a second appeal from a decree (!) (!) .

9. The appellate court has permitted the appellant to convert the current appeal under Section 100 into an appeal against an order under Section 104, and the case has been re-registered accordingly (!) (!) .

These points collectively clarify the distinction between decrees and remand orders, the applicable appeal provisions, and the procedural implications of such orders under the Civil Procedure Code.