JUDGMENT

1. This is an appeal by the defendants in a suit for partition against an order for re-trial of the matters in controversy. The defendants resisted the claim of the plaintiffs in the primary Court on the allegation that the land had been previously partitioned by metes and bounds and that they and their predecessors had been in separate possession for more than a century. The Subordinate Judge held in favour of the defendants and dismissed the suit. Upon appeal the plaintiffs asked for permission to adduce in evidence an entry in the Record of Rights which had been finally published on the 5th August 1919, long after the decree of dismissal had been made by the Trial Court on the 10th August 1918. The District Judge came to the conclusion that before the matters in difference were finally decided, the entry in the Record of Rights should be taken into account. In this view he allowed the appeal, set aside the decree of the Court of first instance and directed a re-trial of the suit with reference to the entry in the Records of Rights and such other evidence as might be adduced by both the litigants. Against this order for re-trial, the defendants have preferred this appeal.