JUDGMENT P. Singh, Member. - This second appeal has been filed against the order dated April 5, 1984 passed by the learned Additional Commissioner, Agra Division, Agra. 2. Briefly, the facts of the case are that Chhittar Singh filed a suit under Section 176 of U.P. Act, I of 1951 in respect of land situate in villages Wakanda Khas, Khera Wakanda and Abhaidapura. He claimed 3/4th share in the land situate in village Wakanda Khas and Kera Wakanda, and half share in the land situate in village Abhaidapura. The suit was contested by Amar Singh alleging that Sughar Singh, Amar Singh and Chiranji were three brothers, that Sughar Singh died heirless and Chiranji died earlier and henace the share of Sughar Singh and Chiranji came to Amar Singh being their sole heir, that the plaintiff and Sughar Singh were jointly cultivating the land situate at village Wakanda khas and Khera Wakanda and plaintiff and Sughar Singh both had half share therein, that after the death of Sughar Singh, Amar Singh had half share in the land situate at village Wakanda Khas and Khera Wakanda, that in the land situate at village Abhidapura, Sughar Singh, plaintiff and defendants each had 1/3rd share and the share of Sughar Singh came to defendants and they had 2/3rd share in the land and the plaintiff had 1/3rd share. The trial court decreed the suit of the plaintiff and ordered for preparation of the preliminary decree. Against that order an appeal was preferred before the Additional Commissioner who dismissed the appeal. The instant second appeal has been directed against that order of the learned Additional Commissioner. 3. I have heard the learned counsels for the parties, and perused the record. 4. Against that order an appeal was preferred before the Additional Commissioner who dismissed the appeal. The instant second appeal has been directed against that order of the learned Additional Commissioner. 3. I have heard the learned counsels for the parties, and perused the record. 4. The learned counsel for the appellant submits that after the death of Sughar Singh, his share came to Amar Singh as Amar Singh was alive and hence the share of Amar Singh would be 2/3rd in the land situate at village Abhaidapura and the share of the plaintiff would be 1/3rd, and that the land situate in village Khera and Wakanda Khas were recorded in the names of Sughar Singh and Chhittar Singh, that on the death of Sughar Singh, his share devolved on Amar Singh, that Amar Singh, the present appellant and Chitter Singh, plaintiff-respondent are entitled to get half and half share in these two villages, that compromise alleged to have been made by the appellant in the mutation proceedings is not binding on him, and that on the basis of a compromise the share of parties cannot be reduced or increased, and that no finding has been given in regard to the will. He placed reliance on 1983 R.D. 107 and 1973 A.L.J. 312. In the latter decision their lordships have held that 'a judgment by consent or default is as effective estoppel between the parties as a judgment whereby the court exercises its mind on a contested case. This is the consequence of a judgment delivered by a court having jurisdiction. They further held that on the basis of admission transfer was effected and this was prohibited under Section 166 of the Act. They held that the admission being in violation of the statutory provision was unenforceable. In 1983 R.D. 107, Shiv Nath v. Dy. Director of Consolidation, his Lordship has held that a person is not bound by admission on a question of law and the admission with regard to the share was a question of law. 5. The learned counsel for the respondents submits that Amar Singh had no share keeping in view the will executed by Sughar Singh respect of the land situate at villages Wakanda Khas and Khera Wakanda, and the share of Chhittar Singh was 2/3rd in the land situate at village Abhaidapura. 5. The learned counsel for the respondents submits that Amar Singh had no share keeping in view the will executed by Sughar Singh respect of the land situate at villages Wakanda Khas and Khera Wakanda, and the share of Chhittar Singh was 2/3rd in the land situate at village Abhaidapura. He also submits that the order of the court acting upon the admission was like a family agreement which was acted upon. The learned counsel for the appellant submits that the trial court had not given any finding regarding the death of Sughar Singh and regarding the will, and the learned Additional Commissioner has also given no finding regarding the will. 6. The date of death of Sughar Singh is very material in the suit, and if at the time of his death, Amar Singh was alive then certainly Chhittar Singh will have no share in the land held by Sughar Singh. This aspect of matter requires consideration by the trial court. The trial court framed no issues. I do not agree with the view expressed by the learned Additional Commissioner that it was a mere irregularity. Para 20(5) of the Revenue Court Manual provides that after a suit is filed by the plaintiff and the defendant has filed written statement, the court will proceed to frame issues and then decide the suit issue-wise. The relevant para reads as under : "20(5) At the first hearing of suit the court shall after reading the plaint and the written statement, if any after such examination of the parties as may appear necessary, ascertain upon what material propositions of fact or of law the parties are at variance, and shall thereupon proceed to frame and record the issues on which the right decision of the case appear to depend." 7. The above provision has not been complied with in the present case. The learned Additional Commissioner should not have usurped the position of the trial court and should have remanded the matter to be decided by the trial court after framing issues. The orders of the learned Additional Commissioner and the trial court are liable to be set aside. 8. Consequently, the orders of both the courts below are set aside, and the matter is sent back to the trial court to decide the suit after framing issues and keeping in view the observations made above.