JUDGMENT

1. The plaintiffs are the appellants in this appeal and are also the petitioners in the Rule. The plaintiffs sued to establish their title to and for recovery of a certain fishery. The First Court decreed the suit. The Second Court held that the case had not been properly dealt with and modified one of the issues that had been settled by the learned Judge in the First Court and directed that the case should be tried de novo on the modified issue. The order of the lower Court is this: "The appeal is allowed and the decree of the lower Court is reversed. The suit is remanded for a de novo trial of the suit on amendment of Issue No. 6 as mentioned above. The lower-Court is directed to, readmit the suit under its original number in the register of civil suits and to proceed to determine the suit, the evidence recorded during the original trial to be evidenced during the trial after remand. The parties to be at liberty to adduce new evidence in support of their respective cases."

2. A preliminary objection was taken oh behalf of the respondents that this was a remand not under the provisions of Order XLI, Rule 23, of the Code, but that it was a remand under the inherent jurisdict