Lakshmikanta Jha, J.

1. This second appeal arises out of a suit for recovery of possession of certain land conveyed to the plaintiff under a sale-deed. One of the points in controversy in this suit was that title could not pass without payment of the consideration. The trial court accepted the contention of the defendants and held that consideration not having been paid title did not pass to the plaintiff, and in that view of the matter it dismissed the plaintiffs suit. There was an appeal to the court below and by consent of the parties it remanded the case directing the trial court to decide the suit in accordance with certain directions given in its judgment. The present appeal is directed against this order of remand.

2. In my view, the appeal is not maintainable. The right of appeal is a creature of statute. Every decree is appealable and so also certain orders have been made appealable under Order 43. Rule 1. Code of Civil Procedure. It is conceded that the order passed by the Court of appeal below is not one passed under Order 41, Rule 23, Code of Civil Procedure. Obviously, the order was passed in exercise of the inherent powers of the court under Sec.151. Code of C