JUDGEMENT:

This appeal is directed against the order of remand made in A.S.No.38 of 1992 dated 11.08.2004 on the file of III Additional District Judge, Guntur setting aside the judgment and decree passed in O.S.No.124 of 1989 on the file of III Additional Munsif Magistrate, Guntur dated 17.02.1992 and remanding the matter to the trail Court for disposal according to law on the ground that on 16.02.2004, while remanding the matter in S.A.488 of 1992 on the file of this Court, a direction was made to give permission to the appellant therein i.e. first respondent in this appeal to summon the second respondent therein i.e., 2nd respondent in this appeal and adduce necessary evidence on his behalf.

2. It is the contention of the learned counsel for the appellants that in fact no such direction was given in the second appeal and the first appellate Court misconceived the directions given by this Court in the second appeal and without considering the merits of the evidence adduced, it is not proper for the first appellate Court to remand the matter to the lower Court.

3. No representation has been made on behalf of the respondents.

Hence their arguments are closed.

4. It is to be mainly consid