JUDGMENT Bhairo Prasad, Member. - This appeal has been filed under Section 331(4) of U.P. act No. 1 of 1951 against the decree and judgment of the Additional Commissioner, Moradabad dated 19.1.1988. 2. In brief the facts of the case are that in partition suit under Section 176 of U.P. Act No. 1 of 1951 the lots were prepared. The lots were contested by the parties and after the contest it was decided by the trial court. The first appellate curt has upset the allotment of the lots vide its decree and judgment dated 19.11988 against which this appeal has been filed. 3. I have heard the learned counsel for the appellant. No one has appeared on behalf of the respondent. Perused the record. 4. In the judgment of the first appellate court dated 19.1.1988 it is mentioned that appeal was filed before him without the decree. The appeal is decided against decree when no decree was filed the appeal was not maintainable. However the first appellate court should direct the trial court to prepare the decree and then the appeal should be accepted and decided afresh. The first appellate court order dated 19.1.1988 is set aside. The appeal is allowed and remanded for fresh trial.