JUDGMENT : - A.K. Yog, J. List being revised, case is taken up for hearing. 2. THE plaintiff-respondent Nos. 2 and 3 filed J. S. C. C. Suit No. 13 of 1979 for ejectment and recovery of arrears of rent and damages, which was dismissed by the trial Court vide judgment and order dated 27- 2-1980 (Annexure 1 to the petition). Feeling aggrieved, plaintiff-respondents filed S. C. C. Revision No. 10 of 1980 under Section 25 of Provincial Small Causes Court Act. The said Revision has been allowed vide judgment and order dated 19-8-1980 (Annexure 2 to the petition). The Revisional Court while setting aside judgment and order dated 27-2-1980 passed by Trial Court had directed the case to be sent back to the Judge Small Causes Court for deciding the question mentioned in its judgment. 3. FEELING aggrieved, the defendant has filed present writ petition. 4. THE main thrust of the petitioner is that by passing remand order Revisional Court has virtually decided the suit inasmuch as Judge Small Causes Court has not been left with direction to record its finding or decide the suit out of its wisdom. By means of remand order, Revisional Court has virtually decided the case and remand order is nothing but an eye-wash as far as adjudication of rights of the respective parties in suit are concerned. I find that the contention of the petitioner is justified. 5. I have perused the writ petition as well as impugned judgment and order. 6. GROUND Nos. (i), (v) and (vi) in para 16 of the writ petition contain petitioner's grievance. No other ground contained in the writ petition warrant interference by this Court. In the interest of justice, I direct that Judge Small Causes Court, Rampur, shall decide J. S. C. C. Suit No. 13 of 1970 (Riyazuddin and another v. Piarey) afresh. The finding contained in the impugned judgment and order dated 19-8- 1980 passed by 1st Additional District Judge, Rampur in S. C. C. Revision No. 10 of 1980 (Riazuddin and another v, Piarey) shall not be treated as binding on the Judge Small Causes Court, who shall adjudicate and record its findings on the basis of record before it without its discretion being fettered in any manner. 7. THE writ petition is partly allowed as indicated above. There will be no order as to costs. Petition partly allowed.