R.K. Merathia, J. - (1.) This appeal is directed against the judgment and decree dated 25.2.2006 passed by the learned 3rd Additional Judicial Commissioner, Ranchi in Title Appeal No. 67 of 2005 whereby the learned appellate court below has set aside the judgment and decree passed by the learned 1st Additional Munsif, Ranchi in Title Suit No. 110 of 1990 and directed the trial court to decide the case afresh in the light of the observations made by the appellate court regarding the valuation of suit property, court fees and pecuniary jurisdiction of the trial court.
(2.) Counsel for the appellant submitted that the trial court did not take into consideration Order 41, Rule 23 Civil Procedure Code.
(3.) It appears that the suit was filed by the plaintiffs respondent Nos. 1 to 3 for declaration that they are absolute owner and for recovery of possession of the suit property.;