Section 23. Remand of case by Appellate Court

23. Remand of case by Appellate Court.— Where the Court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point and the decree is reversed in appeal, the Appellate Court may, if it thinks fit, by order remand the case, and may further direct what issue or issues shall be tried in the case so remanded, and shall send a copy of its judgment and order to the Court from whose decree the appeal is preferred, which directions to re-admit the suit under its original number in the register of civil suits, and proceed to determine the suit; and the evidence (if any) recorded during the original trial shall, subject to all just exceptions, be evidence during the trial after remand. 3[23A. Remand in other cases.— Where the Court from whose decree an appeal is preferred has disposed of the case otherwise than on a preliminary point, and the decree is reversed in appeal and a re-trial is considered necessary, the Appellate Court shall have the same powers as it has under rule 23. disposed of the case otherwise than on a preliminary point, and the decree is reversed in appeal and a 23. Duty of Court to which summons is sent. —The Court to which a summons is sent under rule 21 or rule 22 shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to the Court of issue, together with the record (if any) of its proceedings with regard thereto. 23. Order to apply to minors.— This Order shall apply to minor plaintiffs and defendants, and to the next friends and guardians for the suit of persons under disability. *[ORDER XI Disclosure, Discovery and inspection of documents in suits before the commercial division of a high court or a commercial court 23. Procedure after issue of notice.— (1) Where the person to whom notice is issued under[4] [rule 22] does not appear or does not show cause to the satisfaction of the Court why the decree should not be executed, the Court shall order the decree to be executed. (2) Where such person offers any objection to the execution of the decree, the Court shall consider such objection and make such order as it thinks fit. Process for execution