IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.330 of 2009 ARJUN SAH & ORS Versus KALA NAND PRASAD & ORS --------- 5. 30.8.2010. Perused the office notes. Office has reported that the judgment under challenge is a judgment of remand in terms of Rule 23 or Rule 23-A of Order XLI of the Code of Civil Procedure and against such judgment proper remedy would be by preferring a Misc. Appeal under Order XLIII Rule 1(u) of the Code of Civil Procedure. Learned counsel for the appellants does not contest the stamp report and seeks permission to convert this Second Appeal into a Misc. Appeal. Learned counsel appearing for the Respondent Nos.1 and 2 does not raise any objection. Prayer is allowed. Let learned counsel for the appellants convert this Second Appeal into a Misc. Appeal within three weeks, failing which this Second Appeal shall stand dismissed as not maintainable without further reference to a Bench. P.S. (Dr. Ravi Ranjan,J)