ORDER :

1. This miscellaneous appeal filed under Order XLIII Rule 1(u) of the Code of Civil Procedure is against the judgment dated 26th May, 2016 passed in Civil Appeal No. 16 of 2014 whereby the learned Principal District Judge, Bokaro, while setting aside the judgment passed in Title Suit No. 45 of 2007, remanded the suit to the Court concerned for deciding afresh in the light of provisions of Order XLI Rule 23(A) of the Code of Civil Procedure.

2. Learned counsel appearing for the appellants submitted that on absolutely a wrong notion and erroneous consideration, which are apparent on the face of the record, the order has been passed. As per him, the main ground for remand is at paragraphs 47, 48 and 49 of the impugned judgment, but the observations made in the aforesaid paragraphs are absolutely erroneous and against the law and in fact the learned Principal District Judge has passed the impugned judgment without appreciating the facts of the case and the materials available on record, which is impermissible. As per him Appellate Court should not have remanded the matter as there was sufficient evidence to decide the suit. The appeal being in continuation of the suit, should hav