An order passed under Section 47, Civil Procedure Code, is not appealable as it is not considered a decree under the amended definition of decree after the amendment of 1976.

1. Jagjit Singh respondent secured a decree for possession through pre-emption of land measuring 65 Kanals 12 Marlas in Basti Baba Khel, Tahsil and District Jullundur, against Pritam Kaur etc. on payment of Rs. 15,880.00 (including one fifth of the pre-emption amount already deposited). The amount was to be deposited on or before July 28, 1965. According to Jagjit Singh respondent he deposited the pre-emption amount within the stipulated period but he could not get the possession of the land on account of delying tactics of the judgment-debtors. In the execution proceedings initialed on April 13, 1977, the petitioners, who claim to have purchased the land from the judgment-debtors on July 10 and 19, 1979, filed an objection petition under Order 21, Rule 58 read with Section 151, Civil P. C., which was dismissed by the executing Court vide order dated July 31, 1982. The petitioners filed an appeal against the order of the executing Court which was dismissed by Additional District Judge, Jullundur, vide order dated my 21, 1983, being not maintainable. It is against this order that the present revision is directed.

2. The learned counsel for the petitioners has argued that the objection petition of the petitioners filed before the executing Court had been wrongly shown to have been filed under Order 21, R.58 and that in fact it was an objection petition filed under Section 47 of the Civil P. C. The argument proceeds that an order passed under Section 47, Civil P.C. appealable and the learned Additional District Judge has wrongly held otherwise. Reliance has been placed on Parshava Properties Ltd. V/s. A.K. Bose, AIR 1979 Pat 308. The contention is without merit.

3. In Parshava Properties, case, (AIR 1979 Pat 308) (supra), it was held that the order of the executing Court under Section 47, Civil P. C., amounted to a decree within Section 2 (2) as amended by Act 104 of 1976 and being appealable as decree no revision was maintainable. This case was taken notice of in Hansumatiben V/s. Ambalal Krishnalal Parikh, AIR 1982 Gujarat 324, Mst. Sarabai Agarwalla v, Haradhan Mohapatra, AIR 1982 Orissa 9, Ramesh Kumar Swarupchand Sancheti V/s. Rameshwar Vallabhram Bhatwal, AIR 1983 Bom 378, and the ratio thereof was not approved.

4. In Ram Niwas V/s. Mithan Lal, AIR 1979 Punjab and Har 262, it was held that an appeal against an order dismissing an objection under Section 47, Civil P. C., filed after the Amending Act No. 104 of 1976 came into force is incompetent.

5. The execution application was filed by the respondent-decree-holder after Act No. 104 of 1976 came into force. In the definition of decree under Sec.2 (2), Civil P. C. as amended in 1976, the words the determination of any question within Section 47, Civil P. C. were excluded therefrom.

6. In other words, under the amended definition of decree after the amendment of 1976, as order passed under Section 47, Civil P. C., is not to be treated as such with the result that it shall cease to be appealable, The learned Additional District Judge has correctly held that the order passed by the executing Court on July 31, 1982, dismissing the objection petition filed by the petitioners under Section 47, Civil Procedure Code, is not appealable.

7. In the result, the revision fails and is dismissed with no order as to costs.