JUDGMENT :- This is an appeal by Sidh Mahabirji Birajman Mandir through Pandit Mahabir Prasad Dixit and by Mahabir Prasad Dixit himself, defendants, against the order of the lower appellate Court allowing the appeal and remanding the suit for a fresh hearing after affording the plaintiff, Prem Narain Shukla, an opportunity to produce his evidence in the case which was permitted by the trial Court under order dated 10-3-1961. It was also ordered that the defendants would be entitled to give evidence in rebuttal. This order was made subject to another direction that the trial Court will look into the question of privilege if raised in a proper manner and by a competent authority.

2. The plaintiff had instituted the present suit for demolition of the wall which the defendants had constructed by the side of the windows in the western wall of his house and thereby stopping the tree flow of air and light through such windows, and also for a mandatory injunction to restrain the defendants from interfering with the plaintiff's construction of a shed to protect the rain water from reaching the room through the said windows and from interfering with the plaintiffs using the windows a