(1.) This is an appeal against the judgment of M.M. Dutt J. delivered on June 15, 1973, in F.A. 78 of 1972.
(2.) The facts of the case may briefly be stated as follows:
(3.) Mr. Bankim Chandra Dutta, learned Advocate appearing on behalf of the Appellants in the first appeal, submits that the order of remand passed by Mookerjee J. was not in accordance with law. It is submitted that the lower Court was directed to decide a point of law which ought to have been decided by the appellate court itself.