POKHAR Vs. PANCHAYAT SAMITI DOONGLA

JUDGEMENT

(1.) THIS is an appeal under Section 225 of the Rajasthan Tenancy Act, hereinafter referred to as the Tenancy Act, against the orders of the Revenue Appellate Authority, Udaipur dated 29th March, 1962 in appeal No. 165 of 1961 arising out of the judgment of the Sub-Divisional Officer, Nimbaheda dated 29th September, 1961 whereby the appeal against the present appellants was accepted and the case remanded to the trial court.

(2.) WE have heard the counsel for the parties and have also carefully perused the record. A preliminary objection was raised by the learned counsel for the respondents that the present appeal was incompetent since it was against the order of the Revenue Appellate Authority who only remanded the case for further enquiry and he contended that such an order was not appealable. Reference was made to Section 224 of the Tenancy Act and Order 41 Rules 23 and 25 of the Code of Civil Procedure and it was contended that the order of remand of the Revenue Appellate Authority was not covered by O. 41, Rules 23 and 25, but that it came under Sec. 151 of the Code of Civil Procedure and that no appeal lay in respect of an order passed under that section. He relied upon a ruling of the Rajasthan High Court in A. I. R. 1951 Rajasthan, page 108 wherein their lordships held that if the remand order did not fall under Rule 23 order 41, the appeal did not lie.