JUDGMENT :

Mr. Anil Kshetarpal, J. :- This is the defendants’ appeal against the order passed by the First Appellate Court, while remanding the case back to the trial court. In order to comprehend the issue involved in the present case, some relevant facts, in brief, are required to be noticed. The respondent (Smt. Sweeti Gupta) and her two minor sons filed a suit for the grant of decree of declaration that they are joint owners in possession of 1/6th share out of the property of defendant no.1. The plaintiff is widowed daughter-in-law of defendant no.1. Her suit was decreed on 30.08.2011. The defendants filed the first appeal. During the pendency of the appeal, the defendants filed an application under Order XLI Rule 27 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) in order to produce in additional evidence i.e. a copy of the Will and mutation on the basis of the Will. In substance, the defendants wanted to prove that the suit property is not an ancestral property. The First Appellate Court allowed the application and remanded the case back to the trial court for deciding afresh.

2. In SAO-57-2023, titled as “Abdul Quddoors Vs. Ajit Singh (since deceased) t