MOHD RAGHIB Vs. MAHMOOD ALAM

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record.

(2.) THIS writ petition has been filed challenging the validity and correctness of the remand order dated 18.1.2011 passed by the Additional District Judge, Court No. 6, Bijnor, allowing S.C.C. Revision No. 36 of 1998: Smt. Aqeela Khatoon Vs. Shakeel Ahmad.

(3.) CONTENTION of learned counsel for the petitioner is that the aforesaid order dated 18.1.2011 is being challenged on two grounds; (1) the revisional court cannot act as court of appeal for coming to a different conclusion than conclusion arrived at by the trial court for appreciating the evidence and direct it to decide the case in the light of observation made by it, (2) the plaintiff had not appeared before the trial court in evidence and in fact the case could not be concluded on the statement of his son who was holder of power attorney of the plaintiff and had entered into witness box in that capacity.