GANDHAM VEERASWAMI Vs. MANAGER, PITTAPUR ESTATE

JUDGEMENT

(1.) This is an appeal from an order of the District Judge reversing a finding of the Sub- Collector in proceedings under Act VIII of 1865 and remanding the suit for disposal on the merits. The order purports to have been made under Section 562 of the Code of Civil Procedure.

(2.) A preliminary objection has been taken that no appeal lies. In support of the objection it has been argued that the adjudication by the Sub-Collector was not a " decree" within the meaning of Section 562 of the Code, that this being so, the order of remand cannot be taken to have been made under that section, and that inasmuch as Section 588(28) of the Code only gives a right of appeal when the order is made under Section 562, if the order was not under that section no appeal would lie.

(3.) We are of opinion that it was competent for the District Judge to make the order under Section 562.