1. The instant Second Miscellaneous Appeal has been preferred on behalf of the appellant defendant No.1 against the order of remand dated 28.11.77 passed by the learned Additional District Judge, 10th Court. Alipore thereby reversing the judgment and decree dated 22.9.76 passed by the learned Munsif, First Additional Court at Alipore in T.S. No. 72 of 1976. It may be noted that initially the said suit was filed before the Court of the 5th Munsif at Alipore being numbered as T.S. No. 230 of 1973.

2. The admitted facts are as follows:- The present appellant brought T.S. No. 33 of 1970 in the First Court of Munsif, Alipore against the pro-defendant-respondent No.4 Jiban Krishna Dutta in respect of the suit premises and obtained an ejectment decree which was confirmed by the First Appeal Court and the Second Appeal preferred by him before this High Court was summarily rejected. After the execution case was started in respect of the decree obtained by the present appellant the said T.S. No.230 of 1973=T.S. No. 72 of 1976 was filed by the plaintiff-respondents Nos. 1 to 3 with a prayer for a declaration that the said decree was not binding upon them and for permanent injunction.