JUDGMENT

Ghulam Hasan, J - This is an application for revision against the order of the District Judge of Gonda upholding the order of the Special Judge, second grade of Bahraich, in appeal dismissing the applicant's claim under Section 11, U.P. Encumbered Estates Act. The order of the Special Judge was passed on 22nd November 1938, and the order in appeal by the District Judge was passed on 23rd May 1939. The present revision application was filed in this Court on 23rd August 1939. This revision application is incompetent under Section 115, Civil P.C., in view of the Pull Bench decision of this Court in Ali Mohammad v. Khalil Ahmad, A.I.R. 1940 Oudh 335 which has since been followed in a number of cases. It was held by the Pull Bench that the decision of the District Judge in appeal against the decision of a Special Judge of the second grade is final and bars interference by revision under Section 115, Civil P.C.

2. It has been contended before me on behalf of the applicant that it is open to this Court to entertain the revision application under Section 46, U.P. Encumbered Estates Act. As a matter of fact, the revision application is headed as one under Section 115, Civil P.C., read with Section 46, U.P. Encumbered Estates Act. This contention has no force. Section 46 of the Act does not help the applicant at all. There are two insuperable difficulties in the way of the applicant; one is that under that section it is only the Court of the District Judge, which is empowered under Section 45 to hear an appeal under the Act against the. decision of the Special Judge, second grade, which can of its own motion, or on the application of any person concerned, call for the record of proceedings in any case and pass such orders thereon as it thinks fit. The second difficulty is that the District Judge in appeal is competent to call for proceedings in any case under this Act which are pending in a Court from which an appeal lies to his Court. The power of revision, therefore, vests in the District Judge to whom appeals against the orders of the Special Judge of the second grade lie under Section 45 (2), U.P. Encumbered Estates Act, and not to this Court, and further that such power can only be exercised by the District Judge in cases pending before the Special Judge and not in any case which has already been disposed of by him. The application in revision is, therefore, not maintainable in this Court either under Section 115, Civil P.C., or under Section 46, U.P. Encumbered Estates Act. The application, therefore, fails and is dismissed with costs.