PARSIDHDHAN SINGH AND ORS. Vs. GAYA PRASAD

JUDGEMENT

(1.) THIS is an application in revision under Section 116, Code of Civil Procedure arising out of an order passed by the Munsif sending an issue back to the revenue court for decision in view of Section 5 of the UPZA and LR (Amendment) Ordinance of 1954.

(2.) THE facts of the case are that the Plaintiff claimed Adhivasi rights and they were denied by the Defendant. When the suit was filed it was thought that since the question raised was of Adhivasi rights it raised the question of title and on that belief an issue was remitted to the civil court for decision. Before the civil court could decide that issue and send its finding to the revenue court, the UPZA and LR (Amendment) Ordinance came into force from 6 -8 -1954. Section 5 of the said Ordinance added Sub -clause (5) to Section 332 of the Principal Act. It was in the following terms.

(3.) THE first question that arises is whether any case has been decided by the court of the Munsif. He has merely sent the case back to the revenue court. He has decided nothing and, in my opinion, merely, referring the case for a finding or sending it back, would not amount to a case decided and no application under Section 115 of the Code of Civil Procedure would lie.