Judgment

HEGDE, J.:- The only question that falls for decision in this appeal by special leave is as to the application of Section 151, Civil Procedure Code to a remand order falling with in section 105 (2) of that Code.

2. The facts leading upto the point under consideration may now be stated. The appellant was the Jagirdar of the suit properties. One Bhagirath was his tenant. The said Bhagirath died in the year 1947 leaving behind no male issues. His wife had predeceased him. He had two daughters who were living at the time of his death. After his death, defendants Nos. 1 to 5 who are his distant relations took possession of the suit properties and got the revenue records changed in their names. Thereafter the appellant brought the suit under appeal seeking the following reliefs:-

(1) to declare that he is the owner of the suit properties; (2) to quash the order of the Tehsildar dated November 8, 1949 transferring the khata relating to the suit properties to the names of Defendants 1 to 5; (3) to grant possession of those properties to him and (4) other usual incidental reliefs.

3. The defendants resisted the plaintiff s claim. They contended inter alia that (1) the Civil Court had n