Anjani Kumar, J. - (1.) Heard learned Counsel for the parties.
(2.) Learned Counsel for the petitioner submitted that the order passed by the Board of Revenue remandingThe matter to the Additional Commissioner suffers from error in as much as it records in one sentence that the Trial Court has found the Will to be not proved whereas the Appellate Court has found it to be proved then without giving any reason remanded the matter to the Appellate Court. Learned Counsel for the petitioner submitted that the view taken by the Board of Revenue suffers from error as the Board of Revenue has remanded the matter without any reason. Learned Counsel for the respondent tries to defend the order but ultimately conceded that let the matter be remanded to Board of Revenue. There is yet another reason that the Board of Revenue while deciding the second appeal has not complied with the amended provisions of section 100 of the Code of Civil Procedure by framing substantial questions of law.
(3.) In these circumstances, this writ petition deserves to be allowed and is hereby allowed. The order passed by the Board of Revenue dated 2.8.4.2004 is quashed and the matter is remanded back to the Board of Revenue with the direction to decide in the light of the observations made in this order and, in accordance with law within three months from the date of presentation of certified copy of this order before it. Petition allowed.;