Short Note : 1. The plaintiff filed the suit for declaration as well as for possession as shown in Ex. P.11 by different letters. It will not be necessary for me to go into further details as far present appeal is concerned. The claim of the plaintiff was opposed by the defendant. 2. The trial Court partly decreed the suit. While the appeal filed by the defendant alone before the lower appellate Court having failed she has now come up in the present second appeal. Held : It was tried to be contended that the lower appellate Court ought to have remanded the case as counsel of both the parties had agreed for the same before that Court. In my opinion, the lower appellate Court acted very properly not being swayed away by the statement of the appearing counsel for the parties. The Court has a duty in the matter of remand of the case to come to its own conclusion on the basis of the evidence adduced and in the instant case the suit Court was of the view that there was no justification for the exercise of the power of remand as the evidence on record was sufficient for the disposal of the case. I could not be appraised of any provision of law under the Code of Civil Procedure that if both the counsel of the parties make a statement for remand, it has to be given effect to by the Court without looking to the justification for the same. Appeal dismissed.