PURNA CHANDRA MISRA Vs. UDAYANATH MOHANTY

JUDGEMENT

(1.) This appeal is against the judgment dated 18.1.1988 of the First Additional District Judge, Puri in appeal directing remand of the case to the Lower court to get the suit land identified through a survey knowing Commissioner and dispose of the case afresh.

(2.) Heard Mr. S.P. Mishra, learned counsel for the appellant and Mr. N.C. Pati, learned "counsel for the respondents.

(3.) Mr. Mishra submits that the lower appellate court by remanding the case to the lower court committed an error by not delivering the judgment since it had given the positive finding with regard to the identification of the land as well as the right, title and interest of the plaintiff-appellant. In support of his contention Mr. Mishra draws attention of this court to the provisions of Order 41, Rules 24 and 25 of the Civil Procedure Code and also refers a decision of this court in the case of U.N. Pani v. State Transport Authority, wherein para 5 of the judgment the Division Bench held as follows :