DAVE, J.

( 1 ) THIS is an application by defendant Amsingh for leave to appeal to the Supreme court of India under Article 133 of the Constitution of India read with Section 109 of the Civil Procedure Code.

( 2 ) THE brief facts giving rise to this application are that the plaintiff, opposite party, filed a money suit on 23rd of January 1952 in the Court of the Disrtict judge, Balotra against the petitioners father for the recovery of Rs. 38,845/9/3 on the basis of two Khatas dated 15th of December 1947. The petitioners father having died during the pendency of the suit, the petitioner was impleaded as his legal representative. The petitioner traversed the entire claim and took a number of pleas, one of them being on the ground of limitation. The trial Court decided only the issue regarding the limitation and dismissed the claim. The plaintiff came in appeal to this Court. That appeal was heard by a Full Bench and it was held that the plaintiffs claim was within limitation. The decree of the trial Court was, therefore, set aside and the case was remanded for trial on the remaining issues. It is against that order dated the 26th of November 1954 that the defendant wants to