Heard Mr. Islam, the learned Advocate appearing for the petitioner and Mrs. Mitra for the opposite party. This application under section 115 of the Code Civil Procedure has been directed against an order passed by the learned Munsif in Title Suit No. 273 declaring that the suit abates under section 57B of the West Bengal Estates Acquisition Act.

2. The preliminary point that requires consideration is whether this revisional application lies against that order. This question came up for consideration earlier before me in the case of (1) Amritamay Ghosh v. The State of West Bengal and others, 80 CWN, 205 where it was held that the revisional application did not lie and was not maintainable because the order of abatement under section 57B amounted to a decree. Against that order an appeal ought to have been filed. Mr. Islam has relied upon a decision of Mr. Justice Chittatosh Mookherjee in the case of (2) Siddeswar Biswas and another v. The State of West Bengal and another, reported in 1976 (1) CLJ 470 where it has been held that the order of abatement need not amount to a decree and a revisional application would lie. The decision of Mr. Justice Chittatosh Mookerjee was given,