(1.) Heard learned counsel for the petitioner.
(2.) Respondent instituted O.S. no.315 of 2001 against the petitioner for his eviction before Additional Civil Judge (J.D.) Hathras asserting therein that in the property in dispute petitioner was licencee. The, petitioner filed written statement asserting that he was tenant and not licencee. Additional Civil Judge (J.D.) Hathras decided three issues (no. 1 to 3) in favour of the petitioner through order dated 28.9.2010.
(3.) Under issues no. 1 and 2 and it was decided that the defendant petitioner was tenant and not licencee and rate of rent was 250/- month. Thereafter under issue no.3 it was decided that in view of Section 15 of Provincial Small Causes Courts (P.S.C.C.) Act, regular civil court had no jurisdiction to try the suit. Ultimately, plaint was directed to be returned for filing before proper court/J.S.C.C. Against the said order plaintiff respondent filed civil revision no.3 of 2011 Gopal Prasad Vs. Vishnu Kumar A.D.J. Court no.4, Hathras through order dated 5.2.2013 allowed the revision, set aside the order of the trial court dated 28.9.2010 remanded the matter and directed the trial court to pass fresh order giving reasons. The said order has been challenged through this writ petition.