R.J.SINGH, j. - (1.) THIS is a reference made by learned Additional Commissioner, Kanpur whereby he has recommended that the revision be allowed, order dated 9-2-96 be set aside and the case be decided by the trial Court after taking entire evidence of the parties.
(2.) HEARD the learned Counsel for the parties and perused the papers. The learned Additional Commissioner has observed in his judgment that the learned trial Court has not evaluated the oral evidence nor he has visited the spot. Spit visit may not be possible for any Presiding Officer but evaluation of oral of documentary evidence is must.
(3.) I think the recommendation made by learned Additional Commissioner deserves to be accepted and it is accordingly accepted and the case is remanded back to the trial Court as per the direction given by the learned Additional Commissioner to decide afresh after affording opportunity of hearing to both the parties. Reference accepted.;