SERAJUL HUQ KHAN Vs. ABDUL RAHAMAN

JUDGEMENT

(1.) This is an appeal from an order of the Subordinate Judge of Dacca, dated the 19 of September 1900.

(2.) The suit is brought for recovery of possession of land, after a declaration of the plaintiff's right as purchaser from the defendant No. 2, for an order for the registration of the plaintiff's name under Act YII of 1876, for mesne profits, and also for a refund of the purchase money from the defendant No. 2 in case the plaintiff's claim against the defendant No. 1 fails.

(3.) The Court of first instance held that there was misjoinder of parties and causes of action and dismissed the suit. The plaintiff appealed to the Subordinate Judge, who held that there had been misjoinder in both respects. But he was of opinion that the Court of first instance should have given an opportunity to the plaintiff to elect the cause of action on which he wished to proceed with the suit; and he therefore set aside the decree of the first Court and remanded the case to the Munsif in order that he might give the plaintiff the opportunity, which he considered that he should have had.