JUDGMENT

John Edge, Kt., C.J. and Banerji, J. - This is an appeal brought u/s 10 of the Letters Patent from the judgment or decree of our brother Knox. Our brother Knox had before him an appeal from an order made by the District Judge of Agra under Act No. V of 1881 granting probate of a will propounded before him.

2. A preliminary objection was taken that an appeal did not He u/s 10 of the Letters Patent in this case. It was contended that the order of the District Judge of Agra, granting probate was not a decree, but was simply an order, to which Section 591 of Act No. XIV of 1882 applied. That contention was based on the fact that Section 86 of Act No. V of 1881 gives an appeal to the High Court from a District Judge from an order made by him by virtue of the powers conferred on him by Act No. V of 1881, and to the fact that, in that Act, the orders of the District Judge are referred to as "orders," not as "decrees." The contention was also supported by a reference to Section 83 of Act No. V of 1881. It appears to us that, although the term used to express the operative decision of the District Judge in cases arising under Chapter V of Act No. V of 1881 is "order," still, when app