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Judgment
5 paragraphs · 103 words
1.
It is objected that no appeal lies in this case. I think the objection is well-founded. The order passed u/s 40 of Act II of 1864 by the District
Munsiff directing that possession be given to the holder of the Collector''s certificate is clearly not a decree within the meaning of Section 2 of the
Civil Procedure Code. No appeal or second appeal lies against that order under the Code. Nor is any appeal given by the Revenue Recovery Act.
I must therefore reject the appeal on the preliminary ground taken for the respondent.
2.
The appellants will pay the respondent''s costs.