JUDGMENT

Niamatullah, J. - This purports to be a first appeal from order. We, however, think that it is an appeal from a "decree" as defined in Section 3(14), Agra Tenancy Act, according to which "decree" means "any order which, so far as the revenue Court is concerned finally disposes of a suit." It will be observed that this definition gives a considerably enlarged meaning to "decree" as compared with "decree" defined in Section 2(2), Civil P.C., according to which that expression means:

the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in suit....

2. The essential difference between the two appears to be that, according to the definition contained in the Agra Tenancy Act, an order may amount to a decree, though it does not adjudicate upon the rights of the parties but disposes of the suit on the preliminary ground, provided the decision finally disposes of the suit, so far as the revenue Court is concerned. In the case before us the learned Subordinate Judge held, in view of a certain family arrangement relied on before him, that no suit