JUDGMENT

Mukerji, J. - This is an appeal against an order of remand passed by the learned District Judge. The facts very briefly are as follows: The appellant Kaniz Sughra brought a suit for partition of certain joint property against the plaintiff-respondents, who are two minors, and against others. That suit has culminated in a final decree, and it also appears that in execution of that decree Mt. Kaniz Sughra has taken possession over one of the joint houses, being house No. 67. The respondents brought the suit, out of which this appeal has arisen, to obtain a declaration that the earlier decree was not binding on them for the reason that the person,, who was appointed their guardian for the suit, did not look after their interest and, in fact, was guilty of fraud.

2. The first Court dismissed the suit on She ground that the plaintiffs ware bound to ask for possession over house No. 67. The learned District Judge on appeal held that the suit was not barred by Section 42, Specific Belief Act, He was of opinion that the possession which was given to the plaintiffs could be obtained back by the plaintiffs by an application u/s 144. Civil P.C. He also repudiated the plea of Kaniz Sugh