JUDGMENT

Page, J. - This is an appeal from an order of the learned Subordinate Judge of Cachar remanding for re-trial a suit heard by the learned Munsif of Silchar. At the hearing of the appeal a preliminary objection was taken by the respondents that no appeal lay from the order of remand. It appears that after the hearing of the suit had been concluded the defendant raised the question whether a large number of persons, more than twenty in number represented by the plaintiff in the suit, were not members of an unregistered company within Section 4, Indian Companies Act. During the hearing of the suit no issue was raised with respect to this question although a few casual questions were addressed to the plaintiff on the subject and the learned Subordinate Judge took the view that the issue, as to whether the persons represented by the plaintiff were members of an unregistered company formed for the purpose of carrying on a business for gain, ought further to be investigated. Accordingly, the learned Subordinate Judge ordered that

As the decision of the case mostly depends upon the question whether it is an association or company or partnership consisting of more than 20 members, acq