executable after the payment court fee as required, the trial Court declared that the plaintiffs/present appellants are having title and possession in the suit land and the present respondents are restrained permanently, not to interfere with the title and possession of the plaintiffs/present appellants. Against the said order, the defendant D-7 preferred an appeal before the Additional District Judge, Bhatapara, C.G. The learned appellate Court vide judgment and decree dated 26-10-2016 in Civil Appeal No.14A/2009 allowed the application under Order 41 Rule 27 of the CPC on payment of cost of Rs.3000/- and held that the lease deed filed by the appellant/respondent No.1 over the suit land is necessary and relevant document permitted to accept that document as additional evidence, granted liberty to the plaintiffs/present appellants to file document in rebuttal, set aside the decree and judgment dated 11-08-2009 and directed that the parties be re-heard and thereafter the matter be disposed of on its merit, with this direction remanded the matter for consideration to the trial Court; further directed that the appellant/present respondent No.1 is free to amend the pleadings regarding those documents. Against the said order of remand, the appellants have preferred the instant MA under Order 43 Rule 1(u) of the CPC.
