1. This is an appeal against an order of remand passed under Order 41, Rule 23, Civil P.C., in A.S. 180 of 1926.

2. The defendants are the appellants and the plaintiff the respondent before us. The suit was brought by the plaintiff, mortgagee, to enforce a covenant of preemption in his favour in a mortgage-deed, dated 10th September 1923 (Ex. A), executed by defendant 1. Under that covenant, the mortgagor, defendant, agreed that in the event of his deciding to sell the mortgaged properties within the period fixed in the mortgage bond for the payment of the mortgage debt, he should offer them for sale at the then market price, in the first instance, to the plaintiff. The plaintiffs case is that in breach of the said covenant defendant 1 sold the mortgaged properties to his wife, defendant 2, for Rs. 700 by a registered sale-deed, Ex II, dated 5th November 1923. The plaintiff says that defendant took the sale-deed with notice of his right of pre-emption, and that he is therefore entitled to. enforce that right against her also. Plaintiff prays for the execution by the defendants of a sale-deed in his favour of the properties in respect of which he has a right of pre-emption un