GOSWAMI, C. J.:- This appli­cation under Section 115 of the Code of Civil Procedure is directed against an order of remand passed by the learned Assistant District Judge No. 1, Gauhati, while deciding an appeal against the decree earlier passed by the learned Munsiff.

2. It is necessary to refer to the vagary of the litigation in this matter over a title suit filed as early as on 6th November, 1957 centering round a dispute with regard to six lessas of land with a thatched cowsh­ed in Gauhati town. The learned Mun­siff dismissed the suit on 5th June 1959. An appeal (T. A. 40/59) was filed before the Additional District Judge who set aside the decree of the trial Court on 7th June, 1960 and re­manded the suit for disposal. The learned Munsiff this time decreed the suit on 5th December, 1961. An ap­peal (T. A. 15/62) was heard by the learned Subordinate Judge, who set aside the decree and remanded the suit on 1st September, 1964 for the second time for disposal in accord­ance with law by appointing a fresh survey commission for surveying of dag No. 2506 (measuring 4 Kathas 12 lessas) to ascertain if the suit land formed part of that dag and directed that further evidence could be addu

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