BIDADA Vs. MOOLCHANDRA

JUDGEMENT

(1.) THIS is an application in revision against the order or Sub-Divisional Officer Neem-ka-Thana whereby it was decided by him that he had jurisdiction to entertain the suit. On behalf of the opposite Party, a preliminary objection has been raised to the effect that no revision lies inasmuch as a remedy by way of appeal is available to the applicant.

(2.) I have heard the learned counsel appearing for the parties and feel no hesitation in holding that the objection raised by the opposite party must prevail. Sec. 19 (iii) of the Rajasthan Revenue Courts Act, 1951 lays down that first appeals against decrees and order passed on suits by Assistant Collectors or Sub-Divisional Officers shall lie to the Commis-sioner. Thus obviously it was open to the applicant to file an appeal against the order which forms the subject-matter of this revision.