JUDGMENT Bhairo Prasad, Member. - The Additional Commissioner, Agra Division, Agra has made this reference vide his recommendation dated 40.10.1985 under Section 333-A of U.P. Act No. 1 of 1951. 2. A proceeding under section 198(4) of U.P. Act No. 1 of 1951 was initiated by the revisionist. The trial court dismissed the proceeding of the revisionist without taking any evidence. The additional Commissioner in revision recommended that the order is without any evidence, hence it needs to be set aside. 3. No one has appeared in this court to contest the revision although a definite date was given by the Additional Commissioner to appear in this court on 10.12.1985. No Objection has been filed. 4. I agree with the recommendation of the learned Additional Commissioner that the order should be based on evidence is a jurisdictional defect in the order of the trial court, hence the reference is accepted and the trial court order is set aside and he is directed to decide the proceeding afresh.