JUDGMENT :

Supratim Bhattacharya, J.:

1. The instant First Miscellaneous appeal has arisen out of an order of remand passed by the Ld. First Appellate Court that is the Ld. District Judge Malda whereby the said Court has passed the following:

“The appeal succeeds on contest. The observation and finding of the Ld. Trial Court as regard issue No. 4 is hereby set aside and the suit is remanded back to the Ld. Trial Court to properly ascertain the suit property by engaging a survey commissioner and thereafter consider the prayer for decree of permanent injunction as has been sought for by the plaintiff on the basis of the documents as well as evidence adduced at the time of trial of the suit. … ”

2. Background facts:

Proceeding before the Trial Court:

i) The appellants herein were the defendants before the Ld. Civil Judge Junior Division, Malda in Title Suit No. 171 of 2011, while the respondent No. 1 was the plaintiff in the said suit. The respondent No. 2 that is Tribal Welfare officer-cum Project Officer who is the proforma respondent was the proforma defendant in that suit. As the proforma respondent herein did not appear in and contest the lis so the matter has been heard in absence of