MAJONI DUTTA Vs. ARUNA GOSWAMI

JUDGEMENT

(1.) The instant appeal has been filed challenging the judgment and order dtd. 3/5/2008 passed by the learned First Appellate Court, i.e. the Court of the Civil Judge, Jorhat in Title Appeal No.19/2007 whereby the learned First Appellate Court remanded the suit back to the Trial Court for fresh decision after disposing of the objection filed by appellant in the Trial Court.

(2.) In the opinion of this Court as the said impugned judgment is actually an order passed under Order 41 Rule 23A of the Code of Civil Procedure, 1908 (for short, 'the Code'), therefore, an appeal lies under Sec. 104 read with Order 43 Rule 1 (u) of the Code.

(3.) Be that as it may, this Court converts the instant Appeal so filed under Sec. 100 of the Code to an appeal under Sec. 104 read with Order 43 Rule 1 (u) of the Code, for the ends of justice.