JUDGMENT :

S.C. Mohapatra, J. - This appeal by the plaintiff under Order 43, Rule 1(u), CPC, arises out of an order of remand.

2. In the impugned order, the appellate Court observed ;

"I need not go into the merit of the judgment which has gone in favour of the plaintiff as there are some salient points which have not been thrashed out in the said judgment and as such in my view the said suit ought to be remanded for clarification on the said points "

At another stage dealing with the counter claim by the defendant, it was observed ;

"In the said counter claim he has given the description of the land fallen to his share in a general way without appending a map in respect of the suit property claimed by him. So it will not be possible to draw the actual line of demarcation between their respective shares without further verification of the spot. So it is badly necessary in this case that a commissioner should be appointed to locale and draw the line of demarcation in terms of the partition deed and also point out the area in dispute as claimed by the defendant."

3. I am not impressed by both the reasons given for remanding the matter to the trial Court. As the law stands now, power of rem