This is an appeal by the plaintiff against an order of the District Judge of Vellore, dated the 5th March, 1946, remanding the suit for fresh disposal on two further issues framed with permission to the District Munsiff to admit fresh evidence at his discretion. The entire records which have been called for to clear up some doubtful points show that the suit was dismissed on 3rd July, 1946, after a fresh hearing in compliance with the remand order, and at that fresh hearing the appellant who appeared through an advocate took the suit to a conclusion on the basis of the remand order without in any way objecting to it. The plaintiff filed this civil miscellaneous appeal against the order of remand on 4th September, 1946, i.e., nearly two months after the final disposal of the suit. He has also filed an appeal before the District Judge against the ultimate dismissal of his suit.

Without going into the merits I think that a preliminary objection taken to the maintainability of this appeal must be upheld. It is conceded that it was filed in this Court in time, there being a long delay in the grant of a copy. The appellant however subsequent to the remand order did nothing what