LAXMAN Vs. MOOLYA

JUDGEMENT

(1.) This is an application for the revision of the preliminary decree passed by the Assistant Collector, Chhabra on 30.3.63 in a partition suit. No appeal was preferred against this decree. The application for revision is incompetent because a second appeal against the preliminary decree of the Assistant Collector lav to the Board. A decree includes a preliminary decree as laid down in sec. 2 of the Code of Civil Procedure. Under sec. 223 of the Rajasthan Tenancy Act, 1955, the first appeal against the original decree of an Assistant Collector lies to the Revenue Appellate Authority. Under sec. 224 of that Act, the second appeal lies to the Board of Revenue Sec. 230 deals with the revisional powers of the Board which says that no revision lies to the Board if an appeal can be preferred to the Board. On this reasoning the present application for revision is misconceived and is dismissed as such.