Hon’ble Manoj Misra, J.—This is a defendant’s appeal, under Order 43, Rule 1 (u) C.P.C., against the judgment and order dated 3.12.2011 passed by the Additional District Judge, Bansi, Siddharth Nagar in Civil Appeal No. 30 of 2010 by which the appeal of the plaintiff-respondent against the order dated 29.5.2010 passed by the Additional Civil Judge (Jr. Div.), Court No. 1 Bansi, Siddharth Nagar, in Original Suit No. 474 of 1992, deciding issue Nos. 4 and 10 against the plaintiff, was allowed, the trial Court’s order dated 29.5.2010 was set aside and the matter was remanded back to the trial Court to decide the suit on merits.

2. The relevant facts are that the plaintiff-respondent instituted an Original Suit No. 474 of 1992 for declaration that he is the Sajjada Nashin of Khankha Faizur-Rasool situated in village Baraun Sharif and Nazim-e-Ala (Manager-in-Chief) of Darul-Uloom Faizur-Rasool (Madarsa). It was also prayed that a declaration be made that the Will dated 4.12.1991 allegedly executed by Mohd. Siddique Ahmad in favour of defendant was illegal and it conferred no right on the defendant as Sajjada Nashin and Nazim-e-Ala of the Khankha and Darul-Uloom respectively and