RAM JATAN Vs. BISHUNATH

JUDGEMENT

(1.) A preliminary objection is taken to the hearing of this revision. The copy of the order is misleading inasmuch as it suggests that the order was passed by the District Judge of Jaunpur. The plaint was filed in the civil Court for declaration of title to certain occupancy holdings and in the alternative for possession, alleging that the defendants were mortgagees of the same and were denying the plaintiff's title. Objection was taken as to the jurisdiction of the civil Court, and the plaint was returned for presentation to the proper Court. The plaint was then filed in the Court of the Assistant Collector of Jaunpur, who apparently came to the conclusion that the plaint ought to be amended and gave time to the plaintiffs to do so. They failed to amend it. The Assistant Collector then ordered the plaint to be rejected.

(2.) A revision has been filed from the order of the Assistant Collector and a preliminary objection is taken that no revision lies.

(3.) Under Section 253, Agra Tenancy Act, the. High Court can exercise its power of revision where a case has been decided by any subordinate revenue Court, in which an appeal lies to the District Judge, but no appeal lies to the High Court.