( 1 ) THIS revisional application is by the defendants Nos. 1 to 7 of the original suit against the decision of a Subordinate Judge, Midnapur in a first appeal remanding the case back to the trial Court of the Munsif for the rehearing of the suit.

( 2 ) THE opposite party-plaintiff Kartick Hait brought the original suit against several defendants for declaration of his title to some of the properties mentioned in the plaint and for partition of the suit properties, separate possession, mesne profits and permanent injunction. Of the defendants only the petitioners before this Court filed written statements and contested the suit challenging the allegations of the plaintiff. The trial Court on consideration of the evidence disbelieved the evidence adduced on the side of the plaintiff and rejected the story that the plaintiff had any title to the disputed lands as alleged and held the contesting defendants' case as acceptable. The learned Munsif dismissed the suit. In the appeal taken by the plaintiff, the learned Subordinate Judge found insufficient evidence on the question of a previous partition set up by the defendants for any decision although he did not con