JUDGMENT B. Kumar, Member - This is a reference vide order dated May 1, 1982 passed by Sri Bhairav Prasad, Additional Commissioner, Varanasi Division, Varanasi in revision petitioner No. 102 of 1980 pertaining to district Mirzapur. 2. Briefly stated, the facts of the case are that Sheo Kumar and Kailashi filed a suit under Section 229-B/209 of the Zamindari Abolition and Land Reforms Act on April 30, 1977 in the court of the S.D.O. Roberts-ganj district Mirzapur for declaration of right and ejectment. After issued were framed, the plaintiff-revisionist filed three documents on September 28, 1979 as a piece of evidence. The learned trial court rejected the application and did not allow to file the documents. Against the order of the learned trial court dated September 2, 1980, the plaintiff-revisionist went in revision before the learned Additional Commissioner, Varanasi Division Varanasi who made the reference to the Board recommending to set aside the order of the learned trial court. 3. I have heard the learned counsel for the parties and have also perused the documents on record. The learned Additional Commissioner has observed that the learned trial court not only rejected the application on August 16, 1979 but also ordered that the evidence adduced on subsequent dates were also rejected. The learned Additional Commissioner found the orders of the learned trial court arbitrarily and recommended to set aside its order dated Sept. 2, 1980. Both the learned counsel have agreed that the learned trial court exceeded its jurisdiction and passed an order quiet inconsistent in the eye of law. The reference made by the learned Additional Commissioner is, therefore, accepted and the orders passed by the learned trial court dated September 2, 1980 is set aside. The learned trial court shall dispose of the case on merits after affording due opportunity to the parties. Let records be sent back to the trial court for disposal according to law.