K.S. Lodha, Member—The following question has been referred to this Larger Bench by a Division Bench :

"Whether, in the facts and circumstances of the case, an order on an application under Section 47 C.P.C. in a Rajasthan Tenancy Act matter amounts to a decree within the meaning of Section 2(2) C.P.C. though sub-section (1) of Section 225 Rajasthan Tenancy Act provides that an appeal shall lie from an order :—

(i) to the Collector, if such order is passed by a Tehsildar,

(ii) to the Revenue Appellate Authority, if such order is passed by an Assistant Collector, a Sub-Divisional Officer or a Collector, and

(iii) to the Board, if such order is passed by a Revenue Appellate Authority".

2. We need not recapitulate the facts of the case out of which this reference arises because the same have been mentioned in detail in the order of reference. Suffice it to say that the appellants decree holders execution application had been dismissed as barred by time on 30-12-61. They went up in appeal against that order and that was also dismissed by the Revenue Appellate Authority on 15-9 70. Thereupon they came up in second appeal to this Board. At the time of the hearing of that second appeal before

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