Staples, A J C—The respondent had brought a suit for an injunction restraining the appellants from interfering with his enjoyment of the lac parsadi in the village and for damages. His suit was dismissed by the First Class Subordinate Judge, Balaghat, but on appeal the District Judge, Bhandara, remanded the case under Order 41, Rule 23, holding that the suit had been dismissed on a preliminary point and that further inquiry should be made and the case be tried on its merits. The defendants have therefore preferred this appeal against the order of remand.

2. The facts of the case have been fully stated in the judgments of the lower Courts. The appellants are the inferior proprieties of the village Singola in the Balaghat Tahsil. The status of protected thekedar of that village had been conferred in 1898 upon one Pandurang, and on Pandurang's death those rights devolved on his son Tikaram. On 21st March-1917 Tikaram granted a registered lease of the lac parsadi of the whole village to the respondent for 16 years. Tikaram died in 1922 and he was succeeded by his son Dadu. The protected status of Dadu was declared forfeited by the Deputy Commissioner, Balaghat, on 2nd January 19