.1. Third defendant in O.S.No.94 of 1981 on the file of District Munsif, Sankarankoil, is the appellant in the above civil miscellaneous appeal. The first respondent herein, plaintiff in the said suit filed the same for declaration and permanent injunction. Apart from examining himself as P.W.1, the plaintiff has examined 3 more witnesses as P.Ws.2 to 4. He has also marked Exs. A1 to A23. On the other hand, the third defendant was examined as D.W.1 and the second defendant was examined as D.W.2. They have also marked Exs.B1 to B6 in support of their defence. The Commissioner’s report and sketch were marked as Exs.C1 to C3. After framing necessary issues and in the light of the evidence on record, the learned District Munsif dismissed the suit with costs.

2. Aggrieved by the dismissal of the suit, the unsuccessful plaintiff filed appeal in A.S.No.100 of 1986 before the Subordinate Judge, Tenkasi. The lower appellate court after framing necessary points for consideration and after pointing out some defects in the plaintiff’s case, remanded the matter to the trial court for fresh consideration.

3. The third defendant is questioning the order of remand made by the lower a