Devadoss, J.

1. In this case the plaintiffs brought a suit basing their claim on title. Both the lower Courts found against the plaintiffs on the question of title and the lower appellate Court granted them a decree on the ground that they had acquired an easement right over the lane in question. The learned Judge whose order is appealed against found that no specific issue had been raised on the point and that the judgment of the District Judge was not satisfactory and he framed an issue as to easement and ordered the case to be sent down to the lower appellate Court for a. finding on the issue. The 2nd defendant has preferred this Letters Patent Appeal. A preliminary objection is taken to the maintainability of the appeal on the ground that the order appealed against is not a judgment within the meaning of Clause 15 of the Letters Patent. The question for decision is: Is the order of the learned judge a judgment within the meaning of the clause.

2. Mr. T. V. Venkatarama Aiyar for the appellant contends that the learned Judge in framing the issue has decided that the plaintiff should be allowed to set up a case of easement not set up in the plaint and that decision is a judg