Code Of Civil Procedure, 1908 ; Order XLIII Rule1 (u) – Suit decreed by Trial Court – First Appellate Court partly allowed appeal and remanded the suit for fresh disposal – HC, allowing an appeal under Clause (u) of Rule 1 of Order XLIII CPC , set aside the order of remand passed by the First Appellate Court and restored the decree of the Trial Court – Allowing appeal against HC judgment, SC held: An appeal from an order under Clause (u) of Rule 1 of Order XLIII of the CPC will be governed by the principles under Section 100 of the CPC – The only logical order which the High Court could have passed was of setting aside the order of remand and directing the First Appellate Court to decide the appeal on merits. The reason is that the First Appellate Court had passed the order of remand by setting aside the decree in its entirety and while doing so, no adjudication was made on the factual and legal issues. The appellants cannot be deprived of the remedy of first appeal. (Para 5-7)