NARAYAN KALITA Vs. MT. BHABITRI DEBY AND OTHERS

JUDGEMENT

(1.) THIS is a petition of revision from the order of the learned Additional Sub -Judge, U. A. D., dated 11 -3 -1950 by which the order of the trial Court dismissing plaintiff's suit was reversed and the case remanded to the trial Court for a de novo trial.

(2.) THE main question in the case was whether the property originally belonged to a joint family and was allotted to the plaintiff on partition. Other questions arising in the case formed the subject matters of issues 3 to 6.

(3.) THE Learned Counsel for the petitioner has contended that the plaintiff had the fullest opportunity for producing evidence. If she had failed to produce any relevant evidence, there was no occasion for ordering a retrial, and the Court in ordering a remand had exercised its jurisdiction with material irregularity.