JAGAT NARAYAN, J.

( 1 ) THIS is a miscellaneous appeal under Order 43, Rule 1 (ii), C. P. C. against a judgment of the Senior Civil Judge, Gangapur remanding a. suit under Order 41, rule 23 C. P C

( 2 ) ONE Ram Chander was the owner of a shop. Ram Chanders descendants formed a joint Hindu family and owned this shop in undivided shares. Ghisa and his sons owned half share in this undivided shop which was sold in execution of a decree of Johrilal at an auction sale. This half undivided share of the shop was purchased by Ghudmal. A sale certificate was issued in his favour on 14-8-39 and symbolic possession was delivered to him under Order 21, Rule 35 (2) and Order 21. Rule 96 on 11-9-39 Ghudmals sons Mangi Lal and Prahalad Kumar instituted the present suit for partition of the shop and for delivery of possession to them over their half share after partition on 22-7 59 Kanchan and Manohari who owned one-fourth of the shop and Sachida Nand and Babulal who owned one fourth were impleaded is defendants. They contested the suit inter alia on the ground that it was barred by limitation the trial court accepted this plea and dismissed the suit Against that decree the plaintiffs pre