CHAMAN SINGH Vs. HARJINDER SINGH AND ORS.

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree dated 30.09.2013 passed by learned Additional District Judge, Amritsar whereby judgment and decree dated 30.09.2010 passed by the Court of first instance has been set aside and civil suits titled 'Harjinder Singh v. Chaman Singh and another' and civil suit titled 'Chaman Singh and another v. Surinder Kaur and others' have been remanded back to the Court of first instance for fresh decision. Short question that arises for consideration in this appeal is whether regular second appeal is maintainable against the remand order passed by the lower Appellate Court.

(2.) FOR convenience sake, reference to parties is being made as per their status in the suit. The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts, as pleaded in civil suit titled 'Chaman Singh and another v. Surinder Kaur and others' are to the effect that plaintiffs filed suit for partition by metes and bounds of double storey house bearing No. D -06/684, shown in red colour and marked with letters 'ABCD' in the site plan attached with the plaint which was allotted to Durga Singh after partition of the country. Durga Singh died intestate leaving behind following legal heirs:

(3.) IT was further pleaded that Chanan Devi widow of Durga Dass, who had got 1/9th share in the property, expired in 1999 and her share has devolved upon her sons and daughters. However, defendant No. 1 alleged that Smt. Chanan Devi had executed a Will in favour of defendant No. 2. In fact, Chanan Devi died intestate and she had never executed any Will. The share of Chanan Devi is to be divided among all her legal heirs as per Hindu Succession Act. The plaintiffs do not want to keep their shares joint and want to get it partitioned by metes and bounds. Hence, suit was filed.