JUDGMENT (ORAL)

Ashutosh Kumar, J.—Heard the counsel for the parties.

2. This appeal has been filed against the judgment in Title Appeal No. 29/2018 by the learned District Judge, Vaishali at Hajipur, whereby the judgment and decree of the trial court dated 15.03.2018 and 27.03.2018 respectively in Title Suit No. 486/2007 has been set aside and on finding that there is complete lack of documentary evidence in support of the contentions raised by the plaintiff/appellant, the entire case has been remanded to the trial court under the provisions of Order 41 Rule 23-A of the Code of Civil Procedure for retrial and disposal.

3. The learned counsel for the appellant/plaintiff has raised a slender issue that in case of both the parties to the suit claiming oral partition of ancestral land, there could be no documentary proof and if the appellate court was not in agreement with the findings of the trial court, the judgment of the trial court could have been reversed but the same ought not to have been remanded.

4. It was further contended that there is no finding of the appellate court that the trial court did not dispose of the suit as required under Order 20 Rule 3 or under Order 11 Rule