K.T. Thomas, J.

1. This appeal is challenge of an order of remand passed by the lower appellate court. This arises from a suit for partition. The lower appellate court allowed the plaint to be amended and then remanded the suit to the trial court with the direction to dispose of the suit afresh after affording a reasonable opportunity to the parties to adduce further evidence. The main challenge in this appeal is regarding the propriety in allowing the plaint to be amended at this belated stage. The third defendant is the appellant. He will be referred to as the third defendant.

2. Facts which are necessary for this appeal alone need be stated : Plaintiff and defendants are children of one Mammed. The suit for partition is in respect of a few items of properties which belonged to the said Mammed who died on 3-6-1973. There seems to be not much of dispute except in regard to two items of immovable properties, which are described as items two and three in A schedule to the plaint. The third defendant contended that those items are not now available for partition since Mammad had assigned those items in favour of the third defendant as per Ext. B1 dated 1-5-1973. Plaintiff has a