- (1.) This appeal arises out of an order of remand passed by Sri C.C. Chakravarty, Additional Subordinate Judge, Murshidabad, in connection with an appeal preferred from the judgment and decree of munsif, Lalbagh, passed in Title Suit No. 191 of 1949.
(2.) The facts which are material for the purpose of the present appeal lie within a very narrow compass. The suit in question was instituted in the munsif's court at Lalbagh by the Appellant in this appeal for a declaration that a certain award made by a Debt Conciliation Special Officer was illegal, ultra vires and without jurisdiction. A prayer was also made in this suit for issuing an injunction upon the principal Defendants restraining them from obtaining possession of the suit properties on the basis of the said award. The suit was contested in the court of the munsif by the principal Defendants on various grounds. Their contentions were negatived and the suit was decreed.
(3.) In the appeal, which was preferred against the judgment and decree of the munsif, the learned subordinate judge made an order that the suit should be heard again by the munsif, after issuing a notice on the wakf commissioner under Section 70 of the' Bengal Wakf Act (Ben. XIII of 1934). In view of this order, the judgment and decree of the trial court were set aside by the subordinate judge. Against this order of remand, the Plaintiff of the trial court has come up in appeal.;