JUDGMENT

Allsop, J. - This appeal arises out of an order passed in the course of proceeding under the Encumbered Estates Act. The Respondent, Dallu Sahu, had made a claim to recover a sum of Rs. 45,000 on the basic of a usufructuary mortgage. His claim was reduced by the learned Special judge, and he afterwards made an application for review of this order. The learned judge reviewed his previous order by another order dated February 27, 1942. He accepted Dallu Sahu contention that the whole sum of Rs. 45,000 should be decreed. Dallu Sahu had apparently also asked that part of bis debt should rank in priority over the debt of certain ether creditors, including the Appellant, Sant Prasad Sahu. The learned Judge in his order said:

The creditor has further prayed that the debt consists of some prior items of his own and hance classification and order of each item will be so shown. The office will beep(sic) this point in view at the time of drawing up a fresh list of debts and priority

2. Against this order Sant Prasad Sahu has appealed He his urged in his grounds of appeal that the list of debtors drawn up by the learned Special Judge in order of priority is wrongs and that the Appellant'