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1925 Supreme(All) 82

BOYS, SULAIMAN
Rai Thakur Kehri Singh – Appellant
Versus
Thirpal – Respondent


JUDGMENT

Sulaiman, J. - This is an appeal from an order of remand passed by the District Judge in an appeal frsom a Revenue Court. A preliminary objection has been taken that no appeal lies. This objection is well-founded. u/s 175 of the Agra Tenancy Act no appeal from any decree or order passed by any Court under that Act lies except as therein provided. u/s 177 an appeal is provided from a decree of a District Judge passed on appeal but no appeal is provided from an order passed by a District Judge. It is, therefore, apparent that no appeal from his order of remand, which, of course, is not a decree lies to this Court. This view is concluded by the decision of the Full Bench case of Zohra v. Mangu Lal 28 A. 753 : 3 A.L.J. 569 : (1906) A.W.N. 223 which has been followed recently in the case of Gulzari Lal v. Latif Husain 35 Ind. Cas. 27 : 38 A. 181 : 14 A.L.J. 84.

2. The learned Vakil for the appellant, however, contends that an appeal lies under para. 11 of the Letters Patent of this Court. In our opinion no such appeal lies under that paragraph at all. Under that paragraph, this High Court is constituted a Court of Appeal from the Civil Courts and has power to exercise appellate j

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