JUDGMENT :

M.M. Das, J. - The Petitioner was elected as Member of the Panchayat Samiti from Deul Padar Grama Panchayat under Tarbha Panchayat Samiti. His election as Member of the Panchayat Samiti was challenged by the opp. party before the learned Civil Judge, (Sr. Division), Sonepur in Election Dispute Case No. 7 of 2007. The learned Civil Judge by judgment dated 22.5.2008 dismissed the election petition on contest against the opp. party. Against the said order of dismissal, the opp. party preferred F.A.O. No. 18/22 of 2008, which has been decided by the learned Additional District Judge, Sonepur by judgment dated 4.5.2010 which is impugned in the present writ petition by the Petitioner.

2. The learned Additional District Judge in the impugned judgment remanded the election dispute to the court of the learned Civil Judge (Sr. Division), Sonepur by passing the following order:

The suit is remanded to the learned lower court as per Rule - 28, Order - 41 of CPC with a direction that such Court shall take necessary steps at the expenses of the Petitioner-Appellant to produce the attendance of the concerned B.D.O.-cum-Election Officer, Tarbha for adduction of his evidence which would be