( 1 ) THE appellant has challenged the judgment dated 11-7-2002 passed by the Additional District Judge, No. 5, Jaipur City, Jaipur whereby the learned judge has quashed and set aside the order dated 28-4-2000 passed by the Additional civil Judge (Junior Division), Jaipur (East) and has remanded the case back to the learned Magistrate.

( 2 ) THE brief facts of the case are that the respondent-plaintiff had filed a civil suit wherein he had claimed that he had purchased a plot. Plot No. 23 situated in Vijay nagar Scheme, J. L. N. Marg, Jaipur from shri Laxmi Narayanpuri Bhawan Nirmal sahkari Samiti Ltd. , Jaipur (henceforth to be referred to as the society, for short ). Since 1981 he is in possession of the said plot. However, after handing over the possession to him, the society tried to reduce the size of his plot and tried to issue an amended allotment letter. The plaintiff cautioned the society against it. It was further claimed that plot Nos. 25 and 26 were bought by the pro forma respondent/defendant no. 1. The defendant No. 1 and her husband in collusion with the society members wanted to encroach upon the plaintiffs plot. Therefore, the suit for declaration to the e