JUDGMENT Bhairo Prasad, Member. - This appeal has been filed under Section 331(4) of U.P. Act No. 1 of 1951 against the order of the Addl. Commissioner (Judical) Moradabad Division, Moradabad dated 3.11.1987 passed in first appeal No. 89 of 1986-87 against the order of Sub-Divisional Officer, Amroha, District Moradabad dated 8.4.1987 in suit No. 14 under Section 229-B of U.P. Act No. 1 to 1951. 2. The brief facts of the case are that in the court of Sub-Divisional Officer, Moradabad Wakf Samadhi Dharam Dass through Vishnu Das filed a suit under Section 229-B of U.P. Act No. 1 of 1951. The suit was contested by the respondent. Fourteen issues were framed on 5.3.1981. The suit was decided on the basis of finding recorded on issue No. 1 and the suit was dismissed. Appeal was filed against that finding before the Additional Commissioner who has allowed the appeal and set aside the decree of the trial court and remanded the case for fresh decision on all issues in accordance with law. The appellant had come in second appeal against that finding. They prayed yesterday to lead evidence in support of their case. 3. Since the appeal has already been remanded by learned first appellate court, no appeal lies against the first appeal from order in way of remand order, when whose suit is not decided. The appellant want to lead evidence. The learned counsel for the respondent also agreed that he has no objection if the appellants lead evidence in the trial court. In this way second appeal is rejected and the case is remanded to the trial court to decide the suit afresh in accordance with the observation of 1st appellate court. The file of the trial court should be returned immediately. The parties should appear in the trial court on 25.6.1992. The trial court is directed to inform if any body fails to appear on that date fixed and then to proceed.