( 1 ) THIS second appeal is directed against the decree and judgment dated 30th March, 1998, of the 4th Extra Assistant Judge, Kheda at Nadiad, in Regular Civil appeal No. 86/92, arising out of the judgment and decree dated 30th November, 1989 passed by the Joint Judge (J. D.) Naidad, in Regular Civil Suit No. 491 of 1986. By his judgment and order dated 30th March, 1989 the first Appellate Court has set aside the judgment and decree passed by the Trial Court and remanded the matter to the Trial Court with direction to proceed with the suit by giving ample opportunity of hearing to the respondent herein. The respondent-defendant was further directed to file written statement on the first date of hearing of the suit which is fixed by the Trial Judge, and the suit was directed to be disposed of accordingly, within three months from the date of filing of the written statement.

( 2 ) LEARNED counsel for the respondent has raised preliminary objection that this second appeal under Sec. 100 CPC against the impugned judgment of the first Appellate court is not maintainable. Under the impugned judgment the first Appellate Court has remanded the matter to the Trial Court f