BAHIR DAS CHAKRAVARTI Vs. NOBIN CHUNDER PAL

JUDGEMENT

(1.) This is an appeal against a decision of the Subordinate Judge of Hooghly, dated the 3 January 1900, passed in a suit for possession of certain land after proving title thereto.

(2.) The pleader for the appellants contends that the proceedings of the Subordinate Judge are wrong, inasmuch as they are subsequent to the order of remand passed by him on the 5 of August 1898; and he contends that this order of remand and the subsequent proceedings are invalid and null and void, inasmuch as the case, in the circumstances, should not have been remanded.

(3.) The facts are these. The plaintiffs and the contending defendants, while the case was in the Court of, the Munsiff, presented an application to him asking that a pleader might be appointed as Commissioner to ascertain who held the land on either side of the Vial in dispute, and agreed that, if the plaintiffs were found in possession of such land, they should get a decree, while if the defendant No. 1 was found in possession, the suit should be dismissed.