NAGAR MAL Vs. BIMAL KUMAR

JUDGEMENT

(1.) This appeal has been filed against the order dated 9.3.2004 passed by learned District Judge, Solan vide which the judgment and decree passed by the trial Court were set aside and the case remanded to the trial Court for decision afresh after framing issues regarding the will and affording opportunity to the parties to lead evidence.

(2.) The facts, which are relevant for the decision of the present appeal are that the NCB forms had filed a suit for declaration and for perpetual injunction. The suit was contested by the defendants. After hearing both the sides, the learned trial Court, vide judgment and decree dated 26.9.2002, partly decreed the suit of the plaintiff -appellants and the plaintiff -appellants and the Performa -defendants were declared to be the legal heirs of Madan Lai having succeeded to the estate of Madan Lai in equal shares and the mutation in respect of the estate of Madan Lai in favour of Shanta Devi was declared as null and void and the defendants were restrained from alienating, transferring or creating any charge exceeding their share in the suit property. Aggrieved against the said judgment and decree dated 26.9.2002 passed by the trial Court, the defendants filed an appeal. The learned District Judge vide his order dated 9.3.2004 accepted the appeal, set aside the judgment and decree of the trial Court and remanded the case back to the trial Court and remanded the case back to the trial Court with a direction to frame issue regarding will and to decide the suit afresh after affording opportunity to the parties to lead evidence. Aggrieved against this order of the learned District Judge, the plaintiffs have filed the present appeal in this Court.

(3.) I have heard the learned Counsel for the parties and have gone through the record carefully.