JUDGMENT :

Das, J. - This is a petition filed by the Plaintiffs against an order of the learned Additional Subordinate Judge of Berhampur remanding their suit u/s 151 of the CPC for a de novo trial. The Plaintiffs representing the villagers of village Laxmanapalli filed a suit impleading the Defendants, being some of the villagers of village Debabhumi, in their representative capacity. Their whole case was that certain lands were being used as grazing grounds by the villagers of Laxmanpalli from time immemorial through which an ancient water channel, also passed carrying water to their fields from a 'Rojo' for purposes of irrigation. The 'Rojo' is situated between two villages in survey No. 1660 in Debabhumi and runs through survey No. 1649. Their allegation was that the Defendants were converting the grazing grounds into arable land and were filling up the water-course. They are alleged to have dug a new channel beyond the aforesaid grazing ground and thus interfering with the Plaintiffs' right of pasturage and the right to take water through a defined channel for purposes of irrigation. The Plaintiffs, accordingly, prayed for a declaration that they had the right to take water thr