This civil revision petition is directed against the order passed in I.A.No.l078 of l993 in O.S.No.229 of 1983 on the file of District Munsif, Aruppukkottai.

2. Short facts are: The respondent has filed a suit for declaration and title and for recovery of possession and damages. That was resisted by the petitioners. After elaborate trial, the trial court decreed it. The petitioners took it on appeal. Learned appellate Judge had allowed the appeal, set aside the judgment and decree of the trial-court and remitted the case back to the trial court for fresh disposal according to law giving liberty to parties to take some fresh witnesses and fresh documents. Thereafter, the respondent had filed a petition under O.18, Rule 17, C.P.C., praying to recall D.W.1 for further cross-examination. That was opposed by the petitioners. After hearing both parties, the learned District Munsif had al- lowed the petition. Aggrieved by the said order, this revision has been filed.

3. Mr.S.Natarajan, learned counsel appearing for the petitioners would submit that (1) the provisions of 0.18, Rule 17, C.P.C., can be invoked only court and not by the party;

(ii) no reasons are given in the affid