Sanjay K. Agrawal, J.

1. The substantial question of law formulated and to be answered by this Court in the plaintiff's second appeal is as under :-

"Whether the two courts below were justified in rejecting the suit and the first appeal without giving the plaintiff sufficient time for fixing the requisite Court fee?"

[For sake of convenience, the parties would be referred hereinafter as per their status shown in the plaint before the trial Court]

2. The facts necessary for answering the substantial question of law are as under:-

2.1. The plaintiff filed suit for declaration of title, permanent injunction and possession being Civil Suit No. 123-A/2002. The said Civil Suit was decreed by the trial Court by its judgment & decree dated 22.02.2007.

2.2. Feeling aggrieved & dissatisfied with the judgment & decree of the trial Court, defendants preferred first appeal before the first appellate Court on 04.04.2007.

2.3. The First Appellate Court by its judgment & decree dated 26.02.2008, allowed the appeal in part and remanded the suit to the trial Court to decide issue No. 3 with regard to valuation of the suit and payment of court fee afresh in accordance with law.

2.4. The trial Court