Reuben, J.

1. This appeal by the defts. is directed against a decision of the Additional Dist. J. of Monghyr. confirming the decree of the Additional Munsif, Third Court, Monghyr, dismissing Title Suit No. 161/822-of 1945/1946.

2. The facts of the suit need not be stated as Mr. Lal Narayan Sinha for the appellants, frankly admits that in second appeal he cannot challenge the decision on the merits. The point he raises is one relating to jurisdiction. The suit was instituted on 7-12-1945 in the court of the Munsif, Second Court, Monghyr. On 16-8-194S by an order of the Dist. J., it was transferred to the Addl. Munsif, Second Court, Monghyr. On 20-9-1946, the record of the case was sent to the Additional Munsif, Third Court, Monghyr, with an endorsement of the Additional Munsif, Second Court, on the order-sheet :

"Transferred to the file of 3rd Additional Munsif in anticipation of Dist. Js order."

The hearing of the suit was taken up by the Additional, Munsif, Third Court that very day, & judgment was delivered on 12-11-1946. The appeal against this decision was disposed of by the Additional Dist. J. on 12-5-1947. In neither Court was the question of jurisdiction raised. It w