JUDGMENT S.K. Lakhtakia, Member - This is a second appeal against the judgment and decree of the Additional Commissioner, Meerut Division, Meerut dated February 27, 1986 through which the appeal filed by the plaintiffs against the judgment and decree and the trial court dated December 5, 1985 was partly allowed and the case was remanded back to the trial court with the direction that it should permit the defendants to file and prove the Will alleged to have been executed by one Bhimsen and then dispose of the case again. This order has been challenged in appeal by the plaintiff-appellants on the ground that the learned Additional Commissioner could not remanded the case to the trial court for permitting the defendants to fill up the lacuna and that the appeal should have been disposed of on merits by him. 2. Heard the learned counsel for both the parties. Perused the record. 3. The learned counsel for the respondents argued that the order of the Additional Commissioner is based on natural justice and equality and no interference is called for. 4. I do not agree with the contention raised on behalf of the respondent. In such suits as the present one it is the duty of the parties themselves to produce their evidence and no duty lies on the court to direct any party to produce its evidence in a particular fashion nor can the court direct any party to produce a particular evidence unless of course it is absolutely necessary in the interest of justice. In the instant case I do not find any circumstance which could warrant the Additional Commissioner to give a direction to the trial court to obtain certain evidence from any party. It was his statutory duty to decide the appeal on the basis of the evidence on record what ever it was. In such circumstances I find that the learned Additional Commissioner has gone beyond his powers and has acted illegally in remanding the case to the trial Court. His order, therefore, deserves to be set aside. 5. In view of the above discussion, this appeal is allowed and the judgment and decree of the Additional Commissioner dated February 27, 1986 is set aside and the appeal is remanded back to him to dispose it of on merits after hearing both the parties.