JUDGMENT

Page, J. - This is an appeal from an order of 13th May 1926 passed by the learned Officiating Subordinate Judge of Dacca, by which he remanded the case for re-hearing before the learned Munsif of Dacca. The suit was brought to recover damages upon the footing that the defendant had dispossessed the plaintiffs from the land of which the plaintiffs were entitled to possession. The trial Court held that the suit was not maintainable without the establishment of the plaintiffs' title to the property, and upon that preliminary issue passed a decree dismissing the suit on 6th November 1925. The plaintiffs appealed, and by the order under appeal of 13th May 1926 the learned Subordinate Judge reversed the decree of the trial Court, and remitted the case to the trial Court to be re-heard upon the merits. The case having been returned to the trial Court was re-heard on 7th August 1926. It appears that the defendant applied for an adjournment of the case, and that at the retrial the suit was contested by the parties on the merits. On 13th August 1926 the learned Munsif passed a decree in favour of the plaintiffs. Thereafter, on 24th August 1926, the defendant preferred an appeal to th