S.N.Pathak, J.

1. This appeal is directed against the judgment dated 21st August 1997 passed by the Additional District Judge, Kishanganj in Title Appeal No. 21 of 1993 whereby the judgment of the trial Court passed in Title Appeal No. 197 of 1987 was set aside and the suit was remanded to the lower Court for a fresh decision after giving opportunity to the plaintiff-appellant to lead fresh evidence and also an opportunity was given to the defendant-respondents to file written statement.

2. It has been submitted by the appellants lawyer that the learned appellate Court was free to decide the appeal on the evidence already or the record in stead of remanding it to the lower Court and moreover, no opportunity should have been given to the defendant-respondents to file W.S. because already sufficient time was granted to it in the trial Court itself.

3. On perusal of the remand order of the appellate Court, I find that it was held and observed that the plaintiff-appellant had failed to prove its title, right and interest over the suit-land on the basis of evidence adduced. So the judgment of the trial Court was held to be illegal, bad and perverse. In this view of the matter, t