JUDGMENT

Zahhadur Rahim Zahid Suhrawardy, J. - This in an appeal against an order of the District Judge of Faridpur, dated the 26th June, 1925, passed on review setting aside the previous judgment passed by the learned Judge on the 18th April, 1925, and the decree following it and directing the memorandum of appeal to be returned for presentation in proper Court. The facts are that the plaintiffs-respondents instituted a suit in the Court of the Subordinate Judge for recovery of possession of Immovable property and for mesne profits accrued before the institution of the suit and for those for the period between the institution of the suit and the delivery of possession of the properties. The value of the lands in suit was put at Rs. 1,600 and the value of the mesne profits claimed was put tentatively at Rs. 500 the total value of the suit being Rs. 2,100. The suit was decreed on compromise on the 9th July, 1915. The plaintiff took out execution of the decree and in Execution Case No. 137 of 1921 applied for ascertainment of mesne profits, against the tenant-defendants who are the appellants in the present case, in the Execution Department. The Executing Court which was the same Cour