JUDGMENT 1. The preliminary point that no appeal lies must prevail. There was no remand here under Order XLI, Rule 23 of the Code of Civil Procedure though, the District Judge refers to this in his judgment. It is a remand under Section 151 of the Civil Procedure Code as has been held recently in Balla Mallayya v. Peddi Veerayya 100 Ind. Cas. 135 : 52 M.L.J. 90 : 25 L.W. 198 : 38 M.L.T. 15 : A.I.R. 1927 Mad. 335 and other cases. 2. The District Munsif did not decide the suit on any preliminary point but on the whole of the issues raised; after an ex parte decree is set aside and the suit remanded for trial. Sadhu Krishna Aiyar v. Kuppan Ayyangar 20 M. 54 : 1 M.L.T. 268 : 16 M.L.J. 479 (F.B.) is authority for the proposition that the remand is not under Order XLI Rule 23. The learned Vakil for the appellant desires to argue this on the footing of a Civil Revision Petition. This cannot be done. Cf., Balla Mallayya v. Peddi Veerayya 100 Ind. Cas. 135 : 52 M.L.J. 90 : 25 L.W. 198 : 38 M.L.T. 15; A.I.R. 1927 Mad. 335. 3. The appeal is dismissed with costs of 3rd defendant. The memorandum of objections is not pressed and must be dismissed with costs.