JUDGMENT

1. The subjcat matters of the litigations which have led up to these two appeals are two tracts of land in the District of Jalpaiguri. The rival claimants are the Roja of Kakina and the Maharaja of Cooch-Behar. The lands, which have been formed by the recession of the river Shaniajan, are claimed by the former as included in his village Sibram and by the latter as comprised in his village Jamgram. The first suit was instituted in the Court of the Munsif of Jalpaiuari and the second in the Court of the Subordinate Judge of the same District; but the former suit was transferred, for the sake of convenience, to the Court of the Subordinate Judge, and the two suits were tried together on the same evidence. The suits were ultimately decreed in part on the basis of a report made by a Civil Court Amin. The decrees made by the Subordinate Judge have been assailed in this appeal, substantially on four grounds, namely, first, that the suits were barred by the three years rule of limitation under Articles 46 and 47 of the Schedule to the Indian Limitation Act; secondly, that the trial of the suit instituted in the Court of the Subordinate Judge is barred by the provisions of Order II,