Short Note : 1. This is a revision by the defendant-applicant directed against order dated 19.7.1974 passed by the third A.D.J. Gwalior whereby the wholesale remand of the case has been made after allowing the amendment prayed for in the written statement. 2. In this revision Shri J.P. Sharma, learned counsel for the defendant applicant has confined his challenge only to that part of the order which concerns itself with directing the whole-sale remand without retaining the seisen of the appeal by the learned A.D.J. Shri Sharma relying on the case reported in Makru vs. Manglu and Another, 1977 (2) MPWN 31 , contends that the course adopted by the learned A.D.J. is illegal and arbitrary. Shri R.K. Patni, learned council for the plaintiff-non applicants argued vehemently in support of the impugned order. 3. The aforesaid case applies on all fours to the present case. The learned A.D.J. acted illegally in exercise of his jurisdiction in directing the whole sale remand of the case. As such that part of the impugned order which concerns itself with setting aside of the judgment and decree passed by the trial Court is illegal and without jurisdiction. 4. Consequently, the revision is allowed and that put of the order which concerns itself with setting aside of the judgment and decree passed by the trial Court are set aside. The remaining order is maintained. No order as to costs.