1 S.B.CIVIL SECOND APPEAL NO.14/2010. Smt.Anuradha Singh. VS Mines Engineer & Ors. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL SECOND APPEAL NO.14/2010. Smt.Anuradha Singh. VERSUS Mines Engineer and Others. 29.01.2010. HON'BLE MR.JUSTICE DALIP SINGH Mr.Sanjay Singhal, for the appellant. ***** Matter comes up on the application dated 18.01.2010 submitted by the learned counsel for the appellant that this second appeal under Section 100 C.P.C. may be treated as misc. appeal under Order 43 Rule 1 C.P.C. as by the impugned judgment and decree setting aside the judgment an decree of the learned trial court, the learned lower appellate court has remanded the matter to the learned trial court for decision afresh. The aforesaid prayer cannot be allowed. However, liberty is granted to the appellant that the appellant may file a misc. appeal, if so advised against the impugned judgment and decree in accordance with the provisions contained under Order 43 Rule 1 read with Section 104 C.P.C. The Registry is directed to return the certified copies of the documents which have been filed along with this appeal to the learned counsel for the appellant after retaining photostat copies of the same on record along with the vakalatnama. The 2 S.B.CIVIL SECOND APPEAL NO.14/2010. Smt.Anuradha Singh. VS Mines Engineer & Ors. appellant would be entitled to claim condonation of delay in accordance with law for the time spent in prosecuting this appeal before this court. Subject to the above, this appeal as well as the stay application and the application dated 18.01.2010 stand disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.