( 1 ) THIS Appeal from Order has been filed against the judgment and decree dated 25-6-1987 passed in ,civil Misc. Appeal No. ,40 of 1983 by the Court of assistant Judge, Surat, whereby the matter was remanded back to the court of 2nd Joint Civil Judge (J. D.), Surat selling aside the judgment and decree passed by the 2nd Joint Civil Judge (J. D.), Sural in regular Civil Suit No. 448 of 1974.

( 2 ) THE petitioner herein is the original defendant and the respondents- are the original plaintiffs. The plaintiffs filed a regular Civil suit claiming tenancy rights in the suit properly and alternatively claiming ownership by adverse possession. On 16-9-1981 the plaintiffs gave up the plea of adverse possession through document Exh. 61. Later on a document dated 8-1-1962 was produced on 10-4-1982 by the defendanls and on the basis of this document, while the Suit had reached the stage of arguments, an amendment was sought by the plaintiffs in September 1982, seeking to again take the plea of adverse possession. This application for amendment moved by the plaintiffs was rejected on 8-9-1982 and, thereafter, the suit was also dismissed on 18-10-1982. Against this judgment an