Sanjay Yadav, J.

1. Appellant/Defendant Nos. 2 to 4 herein this appeal calls in question the legality of order dated 30.9.2009 passed by the District Judge, Dindori in Civil Appeal No. 62 A/2009 which arose of judgment/decree dated 19.7.2007 in Civil Suit No. 14 A/2007dismissed on the ground that the cause propitiated in the suit at the instance of Respondent Nos. 1 and 2/Plaintiffs was hit by principle of res judicata. The lower appellate Court while setting aside the judgment/decree remitted the whole suit for retrial on merits.

2. Few facts which are not in controversy: The Appellant and Respondents, leaving the State of Madhya Pradesh, are the legal representatives of one Pyarelal, the details whereof is delineated hereunder:

3. Pyarelal owned about 49.45 acres of land at village Subakhar, Revenue Circle Dindori. During his lifetime Pyarelal partitioned the property amongst his sons who were physically placed in their respective shares of the property.

4. Pyarelal died some time in 1984. Subsequent thereof his wife also died. Subsequent to the death of the widow of Pyarelal, the daughter, viz., Premvatibai and Tillabai, Respondent Nos. 1 and 2, brought a suit for declaration a