Article 341 — Remand of case by Appellate Court

(1) Where the court from whose decree or order an appeal is preferred has disposed of the suit upon a preliminary point and the decree or order is reversed in appeal, the Appellate Court may if it thmks fit, by order remand the case, and may further direct what issue or issues shall be tried in the case so remanded. (2) Where a case is remanded ~mder sub-art. (1), the Appellate Court shall send a copy of its judgment and order to the court CIVIL PROCEDl!RE CODE III from whose decree or order the appeal is preferred, with direc- tions to re-admit the suit under its original number in the regis- ter of civil suits, and proceed to determine the suit. (3) The evidence, if any, recorded during the original trial shall, subject to all just exceptions, be evidence during the trial after remand.