( 1 ) HEARD learned Advocates for the parties. This appeal is against order dated 10-1-1991 passed by the Second Extra Assistant Judge, Junagadh allowing the respondent-plaintiffs appeal against judgment and decree dismissing the plaintiffs suit and remanding the case for trial afresh in exercise of power under order 41 Rule 23-A of Civil Procedure Code.

( 2 ) ). The respondent-plaintiff has filed a civil suit in the Court of Civil Judge (J. D.) for possession of land allegedly forming part of Survey No. 35/2 of which he claimed to be exclusive owner of the land admeasuring 4 acres. According to the plaintiff he has purchased the suit land by registered sale deed on 9-3-1960 for consideration of Rs. 2,500. 00 from heirs of Sandhi Kasam Umar and the defendant has purchased the land adjoining the northern side of the plaintiffs land bearing Survey No. 35/ 1 about 6 to 7 years prior to the plaintiff. According to the plaintiff, defendant has encroached upon parcel of land admeasuring about 19 gunthas towards the northern side of Survey No. 35/2, therefore, the present suit for possession and permanent injunction was filed. After the trial suit was dismissed the plaintiff p