R.D. Kothari, J.

1. This is plaintiff's appeal. It is unusual in more than one sense. One reason for saying so is - the appeal which is admitted earlier is against the order of remand and yet it is likely to be allowed.

2. Few relevant facts are, thus; one Manilal had various parcels of land in Surat District. Couple of properties are residential houses and almost rest of all the properties are agricultural lands. The odd fact is that Manilal was residing separately from his wife and his three sons. He had instituted a suit from which the present appeal arises. The said suit is Special Civil Suit No. 76 of 1982, it is for declaration and injunction, sought against his wife and sons. In substance, the relief prayed for is - declaration that properties mentioned in the plaint are his personal properties and he is in possession of the same. A declaration was also sought that defendants have no right, title and interest in the suit property. It also appears from the record that in respect of suit properties, a criminal complaint was also lodged. On apprehension of filing civil suit, caveat was also filed. Manilal failed to get interim relief. Said Manilal died during the penden