Whether the appeal was admissible under Art. 319 lit. b no. 2 CPC despite the lack of an alleged irreparable prejudice.
The appeal was not admissible because the appellant did not allege, and the court could not identify ex officio, a difficult-to-repair prejudice.
A decision declaring a procedural submission inadmissible is treated as an instruction order. Such an appeal requires a difficult-to-repair prejudice under Art. 319 lit. b no. 2 CPC, which was neither alleged nor apparent, since the appellant could still address the partition modalities later.