- (1.) A. K. Yog, J. List being revised, case is taken up for hearing.
(2.) THE plaintiff-respondent Nos. 2 and 3 filed J. S. C. C. Suit No. 13 of 1979 for ejectment and recovery of arrears of rent and damages, which was dismissed by the trial Court vide judgment and order dated 27- 2-1980 (Annexure 1 to the petition ). Feeling aggrieved, plaintiff-respondents filed S. C. C. Revision No. 10 of 1980 under Section 25 of Provincial Small Causes Court Act. The said Revision has been allowed vide judgment and order dated 19-8-1980 (Annexure 2 to the peti tion ). The Revisional Court while setting aside judgment and order dated 27-2-1980 passed by Trial Court had directed the case to be sent back to the Judge Small Causes Court for deciding the question men tioned in its judgment. Feeling aggrieved, the defendant has filed present writ petition.
(3.) THE main thrust of the petitioner is that by passing remand order Revisional Court has virtually decided the suit inas much as Judge Small Causes Court has not been left with direction to record its- finding or decide the suit out of its wisdom. By means of remand order, Revisional Court has virtually decided the case and remand order is nothing but an eye-wash as far as adjudication of rights of the respective parties in suit are con cerned. I find that the contention of the petitioner is justified.;