SUKHDEO AND ORS. Vs. RAM NANDAN

JUDGEMENT

(1.) THIS is a Defendant's application in revision under Section 115 of the Code of Civil Procedure and is directed against an order of the learned Civil Judge of Banaras by which he set aside in appeal the judgment and decree passed by the learned Munsif Haveli, and remanded the case for a fresh trial. The learned Munsif was further directed to remit the issue of grove -holder's right involved in the suit to the revenue court.

(2.) THE facts leading up to the order under revision are as follows:

(3.) WHEN this revision application came up for hearing before our brother Tendon, J., he considered it necessary, in view of the conflicting authorities, to refer it to a Division Bench and it is thus that this revision application has come up before us for disposal.