GOVADA JOHN WOOD Vs. BEJJAM KRUPAVARAM

JUDGEMENT

(1.) This is a revision filed against an order passed by the learned District Munsif in I A.No. 1656/85 in O.S.No.100/67.

(2.) The order under revision is one passed under Section 3 (1) read with section 3 (.2) of the Partition Act. Under section 8 of the Act, an order regarding sale passed under section 3 is deemed to be a decree. It is also held that an order passed on appeal would also be a decree passed by the appellate court, whether the sale is granted or refused. Vide Satyabhama Deb vs. Jatinder Deb (1) A.I.R. 1929 Calcutta 269 in that event the appellate order would be deemed to be a decree which would also be appealable to the High Court by way of a second appeal under section 100 C.P.C.

(3.) Under Section 115 CPC a revision could be entertained provided an appeal does not lie to the H'gh Court but lay to the lower appellate court. In other words, even if the appeal lay to the 'ower appellate court, a revision could still be entertained. But where an appeal, even if it be a second appeal, lies to the High Court, a revision cannot be entertained.