( 1 ) THIS Civil Miscellaneous Appeal is filed under Order XLIII Rule 1 of the code of Civil Procedure (hereinafter in short referred to as "code" for the purpose of convenience) as against an order of remand made in A. S. No. 4/2006 on the file of Senior Civil Judge, Parchur.

( 2 ) THE appellant herein is the plaintiff in O. S. No. 203/2003 on the file of principal Junior Civil Judge, Parchur and the said suit was instituted for recovery of money. The Court of first instance in the light of the respective pleadings of the parties, having settled the issues, recorded the evidence of p. W. 1, D. Ws. 1 to 3, marked Ex. A. 1, Ex. A. 2 and Ex. X. 1 to Ex. X. 7, recorded certain findings and ultimately decreed the suit. Aggrieved by the same, the defendant in the said suit carried the matter by way of appeal A. S. No. 4/2006 on the file of Senior Civil Judge, Parchur, and the appellate Court made an order of remand having observed that proper issues were not framed and having framed a specific issue "whether the alleged settled agreement pleaded by the defendant is true, valid and binding on the plaintiff?" Aggrieved by the said order of remand made by the appellate Court, the learned

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