JUDGMENT

Satish Chandra, C.J. - In these three cases, the trial court recorded certain findings on questions of fact. The trial courts judgment was taken up in revision u/s 25 of the Provincial Small Cause Courts Act. The revisional Court found that the findings of the trial court were vitiated by some error of law, or were not quite correct. It then proceeded to reappraise and re(sic) the evidence for itself and recorded a finding on the same questions of fact. It arrived at a different conclusion. The trial courts' decree was reversed. The losing party came to the High Court in revision u/s 115 of the Code of Civil Procedure. One of the submissions was that u/s 25 aforesaid, the court and no jurisdiction to reassess the evidence for itself. It is found that the trial courts findings were vitiated by some error of law it could send the case back after laying own proper legal guidelines. In support, reliance was placed upon a decision of the learned Single Judge in Muneshwar Das Jain v. Prayag Narain Gaur 1979 RCC (UP) 301. The learned Single Judge felt that the decision in Muneshwar Das Jain's case requires reconsideration. He accordingly referred the following question of law for