This is a miscellaneous second appeal preferred by the defendant against the judgment and decree of the First Appellate Court which has set aside the judgment and decree of the Trial Court without going into the merits, but only on the ground that the application filed under Order 41, Rule 27 requires to be considered and then remanded the matter to the Trial Court for fresh consideration in accordance with law.

2. I have heard the learned Counsel for the parties. The questions that arise for consideration in this appeal are.-

(1) Whether the appeal preferred by the appellant is maintainable?

(2) Whether the Appellate Court was justified in setting aside the judgment and decree of the Trial Court solely on the ground that the application filed under Order 41, Rule 27 of the Civil Procedure Code, 1908 is allowed?

(3) Whether the Appellate Court was justified in remanding the matter and ordering for re-trial?

3. The plaintiff filed a suit for the relief of declaration of title and for permanent injunction against the defendant. Suit was contested. Ultimately, the suit came to be decreed partly declaring that' the plaintiff is the owner of three items of the property. In respect of