JUDGMENT

1. This purports to be a first appeal from order of remand. In the course of a pending suit, while a Commissioner was appointed by the Court to draw up a sketch plan, the parties are alleged to have agreed to refer their dispute to two arbitrators who went to the spot and made two marks on the land to indicate the line which should be drawn beyond which the defendant's construction should not extend. On the 22nd of April 1924 an application purporting to be one under Schedule II, Rule 20 of the C.P.C., was filed by the plaintiff with a request that the alleged award made by the arbitrators should be filed in Court. Objections were filed on the 26th of April denying any valid reference to the arbitrators or the making of any valid award. The Court of first instance took evidence and decided that a valid reference and a valid award had been made. But instead of passing first an order directing the award to be filed and then passing a decree in terms of it it passed a composite order decreeing the plaintiff's claim in terms of it. An appeal was preferred by the defendant to the lower Appellate Court purporting to be an appeal from the decree so passed by, the learned Munsif. T