J.K. JAIN, J.

1. This Misc. Appeal under Order XLIII Rule 1(u) of the Code of Civil Procedure (in brief "the Code") is filed against the judgment dated 11-8-2014 passed by Second ADJ, Barwani in Civil Appeal No. 13-A/2014, by which he set aside the order dated 14-1-2013 passed by Civil Judge, Class II, Rajpur in Civil Suit No. 15-A/2012 and the matter was remanded back to the Trial Court. Brief facts of this case are that the respondent No. 1/plaintiff has filed a suit for declaration, possession and mesne profits in respect of Khandhar and appurtenant land described in Para 2 of the plaint (for short "suit property"). The appellant/defendant No. 1 has filed an application under Order VII Rule 11 of the Code, which was allowed and consequently the plaint filed by the respondent No. 1/plaintiff was rejected. However, the compensatory cost has not been awarded to the appellant. Then the respondent No. 1/plaintiff has filed Civil Appeal No. 13-A/2014. The appellant/defendant No. 1 has also filed Civil Appeal No. 12-A/2014 against non-award of compensatory cost. Both the appeals were decided by the impugned judgment by which the appellant's appeal was dismissed; whereas the respo