IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CIVIL SECOND APPEAL NO.567/2006 Arvind Kumar & Others. Vs. Ram Dayal & Another. 10.01.2008. HON'BLE MR. JUSTICE DALIP SINGH Shri Jinesh Jain, for the appellants. Shri Rajneesh Gupta, for the respondents. The learned counsel for the respondents has raised objection that the appeal is directed against the judgment dated 06.11.2006 passed by the learned lower appellate court by which the judgment and decree dated 05.07.2001 of the learned trial court has been set aside and the case remanded by the learned lower appellate court for decision afresh. It is contended by the learned counsel for the respondents that no second appeal under Section 100 C.P.C. would lie in the matter and the remedy available to the appellant is to prefer a misc. appeal under Order 43 Rule 1(u) C.P.C. Learned counsel for the appellants in view of the above objection prays that the appellants may be permitted to prefer misc. appeal before this court and for this purpose the certified copies of the judgments and decrees of the courts below may be ordered to be returned to the appellant. The aforesaid prayer of the learned counsel for the appellant is allowed. The office is directed to return the certified copies of the judgment and decree of the learned court below to the appellant after retaining a photostat copies of the same on record. This appeal is consequently disposed of with liberty to prefer misc. appeal if so advised. (DALIP SINGH),J. Ramchandrkhatri,PS