This is an appeal against an order of remand passed by the learned Subordinate Judge of Vellore. The facts necessary to understand the points raised for consideration in this Court are these: The plaintiffs who are the respondents in this appeal brought a suit O.S. No.253 of 1938 in the District Munsif’s Court of Tirupattur which was transferred finally to the District Munsif’s Court of Vellore and numbered there as O.S.No.241 of .1945 for the recovery of possession of three items of immoveable property set out in the Schedule B to the plaint. The suit was filed on 28th March, 1938. The plaint as filed prayed for the relief of possession of the suit property but contained no prayer for past or future mesne profits. The trial Court granted a decree for the relief of possession and this was affirmed in appeal filed by the defendants to the Subordinate Judge of Vellore and finally to this Court in Second Appeal. The Second Appeal to this Court was dismissed on 14th February, 1950. While the Second Appeal was pending here the plaintiffs filed in the trial Court (District Munsif’s Court, Vellore) I.A. No.840 of 1949, purporting to be under Order 20, rule 12, Civil Procedure Co