Hon’ble Manoj Misra, J.—Heard Sri Ramendra Ashtana for the defendant-appellants.

2. This is a defendants’ appeal against the judgment and order dated 24.2.2014 passed by the Additional District Judge, Court No. 5, Agra in Civil Appeal No. 166 of 2012 by which the order dated 18.7.2011 passed by the Additional Civil Judge (Jr. Div.), Court No. 2, Agra in Original Suit No. 719 of 2008, deciding issue No. 8 against the plaintiffs, has been set aside and the matter has been remanded back to the trial Court to decide the suit on merits.

3. A perusal of the record reveals that Original Suit No. 719 of 2008 was instituted by the plaintiff-respondents against the defendant-appellants for cancellation of sale-deed dated 4.6.2007 executed by Deepchand (father of the plaintiffs) on ground that the sale-deed was got executed by coercion and by playing fraud on him. It was alleged that the defendants had abducted Deepchand, forcibly got him to execute the sale-deed and, thereafter, murdered him, in which connection a First Information Report was lodged. The defendants filed written statement taking various pleas including that the suit was not maintainable at the instance of the plainti