1. Heard learned counsel for the parties.

2. This miscellaneous appeal has been filed against the judgment and decree dated 08.09.2010 passed by learned Additional District Judge-cum-F.T.C.-V, Buxar passed in T.A.No.09 of 2008.

3. The plaintiff-Sakina Banoo (respondent No.1 herein) had filed T.S.No.175 of 2000 for a decree of declaration that three deeds of gift dated 10.06.1985, executed by Mostt. Jainab Khatoon in favour of defendant 2nd set and defendant 3rd set of the suit, were fictitious, inoperative and invalid documents.

4. The suit was dismissed by the learned trial court by judgment and decree dated 24.12.2007. The dismissal was challenged in T.A.No.09 of 2008 which was heard by learned Additional District Judge of Fast Track Court, Buxar and the learned Judge set aside the dismissal of the suit and allowed the appeal. Simultaneously, the learned lower appellate court remitted back the matter to the learned trial court for fresh judgment and decree. The order of remand has been challenged herein by the defendants of the suit under Order 43 Rule 1 (U) of the Code of Civil Procedure. Before considering the merit of the order of remand, it would be apt to reproduce th