FIRST APPEAL FROM ORDER No. 32 of 2022 at Lucknow

-1- Neutral Citation No. - 2025:AHC-LKO:9971 Reserved AFR Court No. - 4 Case :- FIRST APPEAL FROM ORDER No. - 32 of 2022 Appellant :- Prakash Narain And Others Respondent :- Hari Bux Singh And Others Counsel for Appellant :- Ankit Pande Counsel for Respondent :- Onkar Nath Pandey Hon'ble Rajnish Kumar,J. 1. The instant appeal under Order XLIII Rule 1(U) of the Civil Procedure Code, 1908 (herein-after referred as C.P.C.) has been filed against the Judgment and order dated 04.01.2022 passed in Civil Appeal No.110 of 2011; Hari Bux Singh and others versus Prakash Narain and others by the Additional District and Sessions Judge, Court No.1, Sultanpur, by means of which the appeal has been allowed and the Judgment and decree passed by the trial court has been set aside and the matter has been remanded back to the trial court for fresh decision of the suit on merits. 2. Learned counsel for the plaintiff-appellants submitted that the defendant-respondents were not present when the case was called for hearing on the date fixed, therefore, the appeal could not have been decided on merit by the lower appellate court and it should have been dismissed under Order XLI Rule 17 of C.P.C. He furthe