JUDGMENT

1. This appeal has been preferred from an order of remand passed by the First Additional District Judge of Sylhet. The fasts necessary to be set out for the purposes of the present appeal are these:

The appellants were the plaintiffs in a suit for money in which there were originally three defendants. The defendants filed a joint defence taking various objections to the claim, one of them being that the amount claimed by the plaintiff's had been already paid back to them. When the suit was pending in the trial Court one of these defendants died leaving two minor sons as his heirs and thereupon the said two minors were substituted as defendants in the place of their deceased father and a pleader of the Court was appointed as their, guardian ad litem. The guardian ad litem appointed a3 aforesaid entered appearance in this suit and filed a petition on 22nd June 1928 adopting the original defence of the defendants as the defence of the minors who had been substituted. On the same day after a witness was examined on behalf of the plaintiff a petition was filed by the pleader, who had entered appearance on behalf of all the defendants originally, now signing on behalf of the two a