This defendant's appeal is directed against the judgment and order dated 1. 2. 1982 passed by the learned District Judge, Kamrup, Guwahati whereby the order dated 6. 2. 1980 passed by the learned Assistant District Judge, Barpeta by which the suit on abetment had been dismissed, was set aside and the suit was remanded to the learned trial court for fresh decision in accordance with law.

2. Briefly, the admitted facts giving rise to this appeal were that Madhab Ch. Das plaintiff had filed title suit 5/74 for recovery of compensation for wrongful use and occupation of the premises against the defendants the present appellant. The, suit, was stayed by order dated 2.4.75 in view of a second appeal arising out of an earlier suit for ejectment and recovery of arrears of rent against the present appellant then pending in this court. During stay of the suit Madhab Ch. Das died on 17. 10. 75. An application by one of the heirs, the present respondent No. 1 was filed on 6. 5. 78 for substitution/to take steps. On 30.5.78 the stay of suit was vacated and time was allowed to the present respondent No. 1 to take steps. On 24. 7. 78 for failure to take steps the suit was dismissed in def­ault. An

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