1. This appeal by defendant under Order XLIII rule 1(u) of CPC is directed against the order dated 20.4.2010 in Civil First Appeal No.5A/2009. By the aforesaid order, the appeal of plaintiff has been allowed and the case has been remanded back to the trial Court for decision afresh on merits.

2. The moot question involved in this appeal is as regards object and scope of power of appellate Court under Order XLI rule 23A of CPC.

3. The Hon'ble Supreme Court in the case of Municipal Corporation, Hyderabad v. Sunder Singh [(2008)8 SCC 485], has lucidly and succinctly explained the scope and application of the aforesaid provision, as contained under Order XLI rule 23 of CPC with reference to nature of jurisdiction of the appellate Court. Relevant para 18 of the judgment is reproduced below :

“18. It is now well settled that before invoking the said provision, the conditions precedent laid down therein must be satisfied. It is further well settled that the Court should loathe to exercise its power in terms of Order 41 rule 23 of the Code of Civil Procedure and an order of remand should not be passed routinely. It is not to be exercised by the appellate Court only because it finds i