1. THIS is a second appeal filed by the plaintiff/appellant against the judgment and decree passed by the second Additional District Judge, Alipore in Title Appeal No. 5 of 1990 dated 19th December 1990 whereby the judgment and decree passed by the teamed trial Judge dated 28th November 1989 passed in Title Suit No. 127 of 1985 decreeing the suit in favour of the plaintiffs/appellants was set aside and the suit was sent on remand for fresh decision as per provisions of law. The Lower appellate Court also directed that the specimen signature of the father and brother of the plaintiff/appellant should be taken in court and the same should be sent to the handwriting expert for verification with the signatures as appearing in the cheques which had been sent to them earlier. It was farther held that the Trial Court should take necessary measures to secure the attendance of the father and brother of the plaintiff /appellant in this behalf.

2. THE fact of this case is that the plaintiff/appellant is the owner of the premises no. 7f, S. R. Das Road, Calcutta-28 and that the plaintiff/appellant with her husband was staying at the relevant time at Pondicheri and at the relevant time