This appeal by the defendants against a remand order involves a short but important point of law. The suit was for determination of the respective shares of the plaintiffs on effecting an imperfect partition of the scheduled land. On pleadings as many as 6 issues were framed of which issues Nos. 1, 3 and 5 were decided in favour of the plaintiffs. The learned Munsiff held that the plaintiffs had cause of action for the suit; that the suit was not barred by limitation; and also that the plaintiffs had title to the suit land. The suit was dismissed by him on the basis of his findings on issues Nos. 2 and 4 which related in one case to non-joinder of parties and in the other case to maintainability. The Court held that the suit being one for partition all the co-sharers were necessary parties and from the evidence it having been found that some co-sharers were not impleaded by the plaintiffs he decided issue No. 7 in favour of the defendants to hold that the plaintiffs were not entitled to any relief and accordingly dismissed the suit.

2. The learned lower appellate Court reappraised the evidence on issues Nos. 2 and 4 and came to the conclusion that although the bone of cont