( 1 ) THIS second miscellaneous appeal stems from a proceeding under section 47 of the Code of Civil Procedure.

( 2 ) THE facts and circumstances leading to the instant appeal are as follows: - fakir Chandra Pal, the predecessor-in-interest of the contesting respondents, instituted a Title Suit, being No. 2000 of 1964 in the file of Munsif, Ghatal, seeking declaration of his title in respect of the lands described in the three schedules (Ka, Kha and Ga) of the plaint. He also prayed for confirmation of possession in respect of the lands described in schedules 'ka' and 'kha' and recovery of possession in respect of schedule 'ga' in the plaint, which is a part of ?ka' schedule. The suit was decreed by the trial court on June 25, 1966. Satya Sadhan Mullick, the defendant No. 1 in the suit and the predecessor-in-interest of the petitioners herein, preferred an appeal against the same and the learned Subordinate Judge, First Court, Midnapur, allowed the appeal, remanded the case back with necessary directions for re-hearing. On remand the suit was against decreed by the learned Musnif, Ghatal on March 29, 1968. Satya Sadhan Mullick again preferred an appeal and the