JUDGMENT

Brijesh Kumar, Member - This revision petition is directed against the order dated 2.7.1985 passed by the Additional Commissioner, Bareilly Division, Bareilly arising out of an order dated 6.8.1984 passed by Sri G.D. Punetha, SDO/Assistant Collector 1st Class Baheri in a suit u/Sec. 176 of the U.P. Zamindari Abolition and Land Reforms Act.

2. The facts of the case are that Smt. Bhagwati brought a suit u/Sec. 176 of the Act against Lalta Prasad. The learned trial court decreed the suit on 28.12.1981 determining the shares of the parties. The defendant preferred an appeal against this order before the Divisional Commissioner. The learned Addl. Commissioner allowed the appeal on 19.11.1982 and remanded the case back to the trial court for decision afresh after framing issues in the light of the observation made in the body of the judgment. When the case was taken up for rehearing before the trial court, the plaintiff made an application on 11.6.1984 with the contention that issue No. 1 framed on 5.8.1971 become redundant because under the current law the rights of the plaintiff could not be challenged nor could the defendant raise the question of her re-marriage and extinction