D. P. MOHAPATRA, J.

( 1 ) DURYODHAN Mohapatra, defendant No. 1 in the trial Court and respondent No. 1 in the lower appellate Court has filed this appeal under O. 43, R. 1 (4), of Civil P. C. (for short ' C. P. C. '), challenging the order of the lower appellate Court remanding the case to the trial Court with the direction to frame two specific issues, give opportunity to both the sides to adduce additional evidence, if any, on the said issues and to decide the suit afresh after hearing the parties.

( 2 ) THE respondents filed the suit for partition of the suit properties and for separate allotment of Ac. 0. 02 decimals of land out of the 2/3rd interest of the plaintiffs to defendants 2, 3 and 4. The suit property was the homestead land of one Kusuna Mohapatra. The case of the plaintiffs, shortly put, was that one Kusuna Mohapatra had three sons viz. Naran, Gangadhar and Gananatha. The three brothers were separated and were possessing their respective interests in the suit property before the current settlement and therefore separate note of possession of each branch had been noted in the record of rights. Of the three sons of Kusuna, Naran died first leaving his son defendant No