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1930 Supreme(All) 173

Bachu Lal – Appellant
Versus
Lala Dharam Deo Lal – Respondent


JUDGMENT

Barjor Jamshedji Dalal, J. - In my opinion no revision lies. The only power of revision given to the High Court is by Section 253 of the Agra Tenancy Act. "The High Court may call for the record of any suit or application which has been decided by any-subordinate Revenue Court and in which an appeal lies to the District Judge and in which no appeal lies to the High Court and if such subordinate Revenue Court appears:

(a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise jurisdiction so vested or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may pass such order in the case as it thinks fit", In the present case the District Judge has made a remand under Order XLI, Rule 23 to the Assistant Collector and this order in remand is sought to be revised by this Court. Previously it appears that the Counsel made an attempt to lodge an appeal from such an order just as on the civil side an appeal from such an order is permitted under the Code of Civil Procedure. It was pointed out by a Bench of this Court in. Dwarka Prasad and Another Vs. Ojha Dariao Singh, AIR 1929 All 560 that n

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