Ram Labhaya J.-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 Additional Sub-Judge was of the view that the suit had been disposed of on insufficient evidence. He found from the evidence on the record that a document evidencing the alleged partition existed. This document had not been produced or called for. by any of the parties including the plaintiff. It his view the plaintiff was a helpless widow with no one to advice her. He seemed to think that the circumstances of the case were such that the Court should have called for the document. He, therefore, remanded the case for a fresh trial presumably exercising his discretionary powers under S. 151, Civil P. C. In his order he did not refer to any provision of the Code when directing remand of

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