JUDGMENT :

1. This is an appeal against the order of the Subordinate Judge, Nellore in A.S. No. 1 of 1954 on his file, directing the remand of the suit to the Court of the first instance, viz., the District-Munsif's Court, Kavali apparently purporting to act under Order 41, Rule 23 of the Code of Civil Procedure.

2. The facts relevant to this appeal may be briefly stated as follows. The second plaintiff (2nd respondent herein) brought the suit O.S. No. 113 of 1949 in the District Munsif's Court, Kavali on 5-3-1949 for a declaration that he is the reversioner to the estate of one Purushottam (whose maternal uncle's daughter's son he claimed to be) and for recovery of possession of the suit properties. Before the suit, the second plaintiff purported to alienate his interest in the reversion to the first plaintiff (1st respondent herein) on 31-1-1949. After this, plaintiffs 1 and 2 jointly brought the above suit. Defendants 1 to 3 (appellants herein) claimed as legatees under a will of Ademma, the windrow of Purushottam. Ademma herself is said to have died on 24-4-1947 having executed a will in favour of defendants 1 to 3 bequeathing the suit properties to them. In her own turn, Ademm