N.M. KASLIWAL, J—This miscellaneous appeal is directed against an order of the Additional District Judge, Tonk, dated 4th November, 1976 by which he set aside the judgment and decree passed by the Munsif, Tonk, dated 20th October, 1975, and has remanded the case with a direction to record evidence and then to decide the case afresh.

2. The brief facts of the case are that the respondent Ram Bux filed a suit for permanent injunction against the defendant appellants on the ground inter alia that the plaintiff had a Nohra in the village Pabadi Tehsil Newai in which he had a right of passage through the land described in the plaint. The defendants be restrained by issuing a permanent injunction not to interfere with the right of way of the plaintiff and not to make any construction. It was further prayed that whatever construction the defendants have made, may be demolished by issue of a mandatory injunction. The defendants main contention was that the plaintiff had no right of way and the land described in the plaint was the exclusive property of the defendants and as such no injunction could be issued against the defendants. It was further pleaded by the defendants that on the same gr

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