RASHBEHARI DUTTA Vs. PANCHANAN DE

JUDGEMENT

(1.) This Rule was obtained by the petitioners, who were some of the defendants in the instant suit for partition, against an order of the learned trial Judge, allowing the prayer of the opposite parties for sale of the disputed properties under Section 2 of the Partition Act.

(2.) There is a good deal of controversy on the merits as to the maintainability of the said prayer for sale under Section 2 but the learned trial Judge having allowed the application, the order is, under the terms of Section 8 of the Partition Act, to be deemed to be a decree within the meaning of Section 2 of the Code of Civil Procedure.

(3.) In that view of the matter, the order would be appealable to the lower appellate court, having regard to the valuation of the Instant suit, and, from the decision of the lower appellate court, there may, be an appeal to this Court. The possibility, therefore, of a second appeal to this Court, more accurately, a second miscellaneous appeal--cannot be ruled out in the instant case and, accordingly, the instant application for revision under Section 115 of the Code of Civil Procedure would not be maintainable