( 1 ) THIS first appeal is directed against the judgment and order dated 17/05/1982 passed by the VI Addl. District Judge, Agra in Civil Appeal No. 165 of 1981 whereby the learned Judge has set aside the judgment and decree dated 11/03/1981 rendered by the Munsif, Fatehabad, Agra in Original Suit No. 420 of 1977 and remanded the case to the trial Court for deciding it afresh.

( 2 ) RAM Chand, the plaintiff-respondent, filed a civil suit for partition of the property mentioned in the Schedule a to the plaint. The defendant-appellant filed his written statement resisting the claim of the plaintiff-respondent. The issues were framed and the plaintiff as well as defendant entered the witness-box. During the course of their statements the plaintiff and defendant made a reference with regard to certain settlement/ compromise which had already been arrived at between them. The parties also made a reference to the terms and conditions of the aforesaid settlement/compromise. The trial Court decided all the issues except issue No. 5 and gave findings thereon which are not relevant here. While considering the issue No. 5, which related to the grant of relief to the plaintiff,