RAMESHWAR PRASAD NARAIN SINGH Vs. KUNJ BEHARI MAHTO

JUDGEMENT

(1.) THE only question for decision in these applications is whether an order of a Collector passed under Section 70, Ben. Ten. Act, is a rent decree. It is conceded that if such an order is a rent decree, Order 21, Rule 58, Civil P.C. does not apply and therefore the present applications must fail. I have no doubt that if the order is a decree at all, it is a rent decree, but I am not satisfied that an order under Section 70 is a decree. As I understand it, a decree is an order passed in a suit and a suit is a proceeding which starts with a plaint on which court-fees have been paid in the manner provided in the Court-fees Act. An order under Section 70 is an order in a proceeding which does not start with a plaint but with an application on which court-fees are not payable as for a plaint. Furthermore, the fact that Sub- section 5 of Section 70 directs that such an order shall be enforceable as a decree indicates that the order has not proprio vigoro the force of a decree not these reasons I would hold that an order under Section 70 is not a decree and dismiss both these applications with costs. Hearing fee one gold mohur in each. Varma, J.

(2.) I agree.