SHANKERLAL Vs. SUKHWAL ONKAR

JUDGEMENT

(1.) THIS second appeal arises out of the following circumstances The plaintiffs Shri Onkarlal and others brought a suit in the court of the District Judge Raj Samand of the former Mewar State on 25. 9. 1948 for redemption of agricultural land. Shankerlal, defendant, contested the suit and filed his written statement on 25. 11. 1948 After the enforcement of the Rajasthan Revenue Courts (Procedure and Jurisdiction ) Act, 1951 the case was transferred to the court of the S. D. O. on 29 8-1953. Subsequently the defendant applied for amendment of his written statement on 17. 4. 1954 A number of amendments were sought to be introduced. The most important of them related to limitation, plaintiff's right to sue, resjudicata, valuation, absence of necessary parties and foregone relief. The trial court allowed some of these and rejected others. Both the parties went up in appeal before the Additional Commissioner who allowed partly both the appeals and allowed some of the amendments, which were disallowed by the trial court and rejected some which were allowed by it. The defendant has come up in second appeal against this order before us.

(2.) AN objection was raised as to the maintainability of this appeal based on the provisions of sec. 225 (2) of the Rajasthan Tenancy Act, 1955, which lays down that no appeal shall lie from any order passed in appeal against an order The learned counsel for the appellant conceded this proposition and requested that the appeal may be treated as a revision.