JUDGMENT

B.K. PATEL, J.

This appeal by the Plaintiffs in O.S. No. 203 of 1989 (I) of the Court of Learned Munsif (now Civil Judge (Junior Division, Bhubaneswar under Order 43, Rule 1 (u) of the Code of Civil Procedure (for short the C.P.C) arises out of Order Dated 12.10.2001 passed by Learned District Judge, Khurda at Bhubaneswar in Title Appeal No.4/17 of 2001/1992 remanding the suit under Order 41, Rule 23-A of the C.P.G. for fresh trial in terms of directions made in the impugned Judgment.

2. The concluding part of the impugned order reads as follows:

"13. From the discussions made & reason stated in the foregoing paragraphs. I hold that in the interest of justice the entire suit should be tried again affording the Defendant an opportunity to amend the written statement of defence by pleading initiation of the land acquisition process under Exts.B/1 & B & other relevant notifications & documents & to confront the contents of Ext.A/2 to the P.W.1 (Plaintiff No.13) on recall under Order 18, Rule 17 C.P.C & allow the Plaintiffs to lead rebuttal evidence. Since this is an open remand, both parties be given opportunity to adduce fresh evidence.

14. In the result, the appeal is allowed on