This miscellaneous appeal is by the defendant against order of remand dated 2/8/1985 passed by the District Judge, Sagar, whereby reversing the judgment and decree passed by the Civil Judge, Class II Khurai, wherein it was held that the suit was barred by limitation and could not he proceeded against the defendant.

The suit was filed in the trial Court by the respondent/plaintiff claiming half share in the joint family property on the averments that she being the second wife of late Mohanlal the father of appellant-defendant Kanchhedi was entitled to it. It was stated that on household matters the defendant/appellant used to pick up quarrel with the plaintiff/respondent every now and then. Lastly, in the month of June 1979, the appellant-defendant turned her out of the house. On the plaintiff making a demand of her half share in the property, the appellant/defendant refused to give the share. On enquiries made by her she came to know that the defendant/appellant got the land mutated solely in his name whereas he had been telling to the plaintiff/respondent that the land was mutated in the name of both (the plaintiff and the defendant). With this statement, the pla