This is an appeal by the defendants against an order of remand made by the learned Subordinate Judge of Vellore remanding the suit O.S. No, 462 of 1963 for trial once again by the trial Court, the District Munsiff of Ami. The suit was filed by plaintiffs 1 and 2 for partition of a half share in the A Schedule properties items I to 5 and for declaration of title and possession of the B Schedule properties items 1 to 3. The suit was decreed by the trial Court in respect of items a to 5 of A Schedule and was otherwise dismissed. The plaintiffs preferred an appeal. It was heard by the learned Subordinate Judge. He thought that two additional issues were necessary which had not been framed by the trial Court and solely on that ground he set aside the order of the learned District Munsif and remanded the suit for fresh trial permitting the parties to adduce additional evidence. Aggrieved by that the defendants have preferred this appeal.

2. To decide the question involved, it is necessary to refer briefly to the pleadings of the parties. There was one Kuppiah Pillai. He died leaving two sons, Narayanaswami Pillai (first plaintiff) and Govindaraju Pillai. Govindaraju Pillai is n