JAISHINGRAO MADHARAO RANU Vs. VENKATARAO SATWAJIRAO BHOSLE

JUDGEMENT

(1.) THE plaintiff sued an agriculturist for an account under Section 15-D of the Deccan Agriculturists Relief Act with regard to a possessory, mortgage dated 4th November. 1912. Various defendces were raised by the defendants and on the pleadings all the issues should have been raised. Unfortunately, one issue was raised: "Is the plaintiff an agriculturist?" That was treated, as a preliminary issue on which a decision was given by the learned First Class. Subordinate Judge on the 17 August 1918 in favour of the plaintiff. Unfortunately, again, a decree appears to have been drawn up on that finding, and an appeal was admitted in this Court on, the 12 June 1919. At that time the decision in Municipal Committee of Nasik V/s. Collector of Nasik 28 Ind. Cas. 589 : 39 B. 422 : 17 Bom. L.R. 324 was published. But unfortunately, that decision does not appear to have been sufficiently understood, and it was not until the decision in Dattaraya V/s. Radhabai 60 Ind. Cas. 885 : 45 B. 627 : 23 Bom L.R. 92 that it was definitely decided that a finding on an issue whether a party to a suit was an agriculturist, preliminary to taking of accounts under the provisions of the Deccan Act, was not a preliminary decree within the meaning of sections 2 and 97 of the Civil Procedure Code of 1908. THEre is no decree, therefore, and consequently no appeal. THE case must go back to the Court of the Subordinate Judge in order that the remaining issues shall be framed and then the trial can proceed. THE appeal will be dismissed with costs.