K.P.Singh, J. - (1.) This writ petition is against the judgment of the Deputy Director of Consolidation, Deoria, dated April 23, 1979.
(2.) The main question involved in the writ petition is as to whether the opposite party No. 2 Mst. Hanarani alias Hansraji had remarried. The revisional court has allowed the revision and sent the case back for reconsideration.
(3.) The main grievance of the learned counsel for the petitioner is that the revisional court has patently erred in remanding the case and in making a direction that strong evidence should be given with regard to remarriage. The trial court had not accepted the question of remarriage in the light of the evidence on record whereas the lower appellate court accepted the same and if the revisional court was criticising the appraisal of the evidence by the appellate authority it was the duty of the revisional court to have decided the case itself rather than to send it back. In any view the revisional court has acted illegally in giving fresh opportunity to fill in the lacuna.;