P. S. NARAYANA, J. ( 1 ) HEARD Sri K. Ratangapani Reddy at length. ( 2 ) THE Second Appeal is preferred as against the decree and judgment made in a. S. No. 30 of 1998 on the file of the Senior civil Judge, Adoni, allowing the appeal in part and remanding the matter to the trial court for fresh disposal by giving opportunity to both the parties to adduce further evidence. ( 3 ) ORDER 43 of Code of Civil Procedure : deals with appeals from orders. Order 43 rule 1 (u) CPC specifies that an appeal shall lie from the following orders under the provisions of Section 104 CPC, namely: an order under Rule 23 or Rule 23-A of order 41 CPC, remanding a case, where an appeal would lie from the decree of the appellate Court. ( 4 ) ORDER 41 Rule 23 CPC reads as : follows: remand of case by Appellate Court: j where the Court from whose decree an j 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, with 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. " j Order 41 Rule 23-A CPC reads as follows: 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 cpc. 4. In the light of the same, there cannot be any doubt or controversy that against an order of remand, a civil miscellaneous appeal alone would lie under Order 43 rule 1 CPC, as aforesaid. 4. In the light of the same, there cannot be any doubt or controversy that against an order of remand, a civil miscellaneous appeal alone would lie under Order 43 rule 1 CPC, as aforesaid. In fact, this view was expressed in S. M. Santoshini Bose-Trustee v. Shib Sankar Das\ while dealing with an order of remand under Order 41 rule 23-A CPC, where the appellate Court reversed finding only on some of the issues and remanded the case with direction to try the suit on those issues order of remand is appealable within the meaning of Order 43 rule 1 (u) CPC, the application for revision does not lie. Similar view was expressed in shiv Kumar v. Ram Kotari and others? and in bool Chand v. Ayodhya Lap. ( 5 ) IN view of the same, the learned counsel is given liberty to convert the second Appeal into a Civil Miscellaneous appeal. The appellant is entitled for refund of the Court fee paid on the memorandum of the Second Appeal. It is needless to say that the court fee payable on the Civil miscellaneous Appeal be paid in accordance with law. ( 6 ) THE Second Appeal is accordingly disposed of. No order as to costs.