JUDGMENT

Banerji, J. - I regret that I am obliged to set aside the decree of the Court below, and remand the case as the suit was brought so far back as the 29th of February 1904. It was one for possession of land on the ground that it belonged to the plaintiffs and appertained to their village. The Court of first instance, the Munsif of Bansgaon, dismissed the suit on the 30th of August, 1904. An appeal was preferred by the defendants to the District Judge of Gorakhpur. It was heard by him and issues were re-ferrad by him to the Court below on the 13th of March 1907. The Munsif recorded findings on the issues on the 21st of March 1907. The learned Judge considered the findings to be insufficient and referred back the issues on the 4th of June 1907. Meanwhile, some of the parties died. The Munsif thereupon sent back the case to the District Judge in order that the legal representatives of the deceased might be brought on the record. On receipt of the record and before findings upon the issues referred to the Court below had been returned, the learned Judge, by his order of the 16th of August 1907, transferred the case to the Court of the Subordinate Judge. That Court, after consider