Rajasthan Tenancy Act, 1955–Sec. 53–Decree of partition–Set aside by the BOR with the direction to decide the matter again–BOR found that the preliminary decree was passed without considering the evidence and the defendants were not given the opportunity to cross-examine the witnesses who had filed their affidavits on behalf of the plaintiff–Further, the documents were taken into consideration without marking them as exhibits–Procedure provided in CPC was not followed–Held, the matter was rightly remitted back.
