JUDGMENT

S M Modak, J. - The trial Court decreed the suit, it was for declaration as to ownership of land on the basis of adverse possession. Defendant though appeared has not contested the suit by filing written statement. When she went in appeal, she partially succeeded before the First Appellate Court. Though she was not successful in getting a decree for dismissal of the suit, she succeeded in getting remand order from the First Appellate Court. First Appellate Court permitted her to file written statement. There was a direction to the trial Court to decide the matter afresh.

2. The plaintiffs who were having a decree of the trial Court in their favour, were dissatisfied with the order of remand and that is how they are before this Court. The first appellate Court remanded the matter mainly on following three reasons :-

(a) the suit in question was special civil suit no. 142 of 2008. Whereas earlier to that there was civil suit no. 469 of 2006. The First Appellate Court observed "in view of the common subject matter, latterly instituted a suit ought to have been stayed."

(b) The pleadings of the plaintiff on the point of adverse possession were insufficient.

(c) The defendant ou