Dev Darshan Sud, J.—This appeal has been filed by the appellant-defendant against the order of the learned District Judge, Sirmaur District at Nahan, whereby the suit has been remanded to the trial Court.

2. The respondent-plaintiff had instituted the suit out of which the present appeal arises against the defendant Shyam Dutt for possession of the premises as detailed in the plaint. Preliminary objection was taken by the defendant-appellant on the maintainability of the suit. It was alleged that the suit of the plaintiff was barred by principle of res judicata, since the father of the plaintiff had filed a similar suit against the present defendant which was contested on merits and by judgment and decree dated 21.7.2001 the suit was partly decreed. An appeal was carried to the learned District Judge. Cross-objections were also filed. During the pendency of the appeal and cross-objections, Jagar Nath, who was predecessor-in-interest of the plaintiff, died and the present plaintiff-respondent was substituted in place alongwith other proforma defendant. By a judgment and decree dated 8.4.2002, the learned District Judge accepted the appeal and dismissed the cross-objections.