Heard learned counsel for the appellants as well as respondents.

2. The present appeal has been preferred against the order dated 30.07.2016 passed by the learned District Judge-I, Deoghar in Civil Appeal No. 18 of 2003 whereby the learned Appellate Court has set aside the judgment and decree dated 02.05.1987 and 10.08.1987 respectively in Title Suit No. 39 of 1977 and remanded the suit after deciding issue of Respondent-judicata.

3. The plaintiffs-respondents have filed the suit for partition being Title Suit No. 39 of 1977 of the suit properties fully described in the schedule of the plaint and for declaration that the judgment and decree in Title Suit No. 148 of 1963 and Title Suit No. 107 of 1965 of the Court of Subordinate Judge, Deoghar are void, illegal, inoperative, fraudulent and not binding on the plaintiff.

4. The fact as disclosed by the plaintiffs in the suit was that the plaintiff and defendants are the members of the joint Hindu family governed by the Mitakshra School of Hindu Law. It was also stated that the properties described in schedule of the plaint are the joint family properties and no partition of the properties have been taken place till date. All the f