1. A preliminary objection is taken that the appeal does not lie. It is contended that the order appealed against is not an award and Dembeswar Ssarma v. The Collector of Sibsagar (1917) 39 I.C. 637 Banshidhur Marwari v. The Secretary of State for India (1926) I.L.R. 54 C. 312 and Sarat Chandra Ghose v. The Secretary of State for India (1919) I.L.R. 46 C. 861 are relied on. In the first of these cases the application for reference was made beyond the time allowed. No reference ought to have been made in that case and the District Judge refused to make an award on that ground. The High Court held properly that no appeal lay. In Banshidhur Mar-wari v. The Secretary of State for India (1926) I.L.R. 54 C. 312 the appeal was against an order refusing to restore a case dismissed for default. In Sarat Chandra Gkose v. The Secretary of State for India (1919) I.L.R. 46 C. 861 the order was made under Section 49 of the Act. All these cases are distinguishable.

2. Once a proper reference comes before the District Judge, his final order on it is an award whether he gives an additional amount or he gives no additional amount or whether the Acquisition officers award is not upheld for som