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Bibi Jannatun-nissa Begam Vs. Parshadi - Court Judgment

LegalCrystal Citation
Subject Civil
CourtAllahabad
Decided On
Reported inAIR1940All28
AppellantBibi Jannatun-nissa Begam
RespondentParshadi
Excerpt:
- .....is a preliminary objection that no appeal lies and i think this must be upheld. under section 264, agra tenancy act, the provisions of the code of civil procedure apply only if they are not inconsistent with anything in the act. now the act defines a decree in section 3(14) as any order which so far as the revenue court is concerned finally disposes of a suit. it follows that the provision of the code of civil procedure by which orders passed under section 47 amount to decrees is not applicable to proceedings in the revenue courts under the agra tenancy act. a special provision has been made in the act under section 248 for appeals from such orders, and it is to be noticed that these appeals are as against orders and not as against decrees. now it is stated in section 249 that no appeal.....
Judgment:

Allsop, J.

1. This is a second appeal against an appellate order passed in execution proceedings by a Revenue Court. There is a preliminary objection that no appeal lies and I think this must be upheld. Under Section 264, Agra Tenancy Act, the provisions of the Code of Civil Procedure apply only if they are not inconsistent with anything in the Act. Now the Act defines a decree in Section 3(14) as any order which so far as the Revenue Court is concerned finally disposes of a suit. It follows that the provision of the Code of Civil Procedure by which orders passed under Section 47 amount to decrees is not applicable to proceedings in the Revenue Courts under the Agra Tenancy Act. A special provision has been made in the Act under Section 248 for appeals from such orders, and it is to be noticed that these appeals are as against orders and not as against decrees. Now it is stated in Section 249 that no appeal shall lie from any order passed in appeal. The result is that no appeal lies in this case and the memorandum of appeal is rejected with costs. This judgment also governs the connected Second Appeal No. 415 of 1938. Leave to appeal under the Letters Patent is refused.


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