V.D. Bhargava, J. - (1.) THIS is an application in revision under Section 116, Code of Civil Procedure arising out of an order passed by the Munsif sending an issue back to the revenue court for decision in view of Section 5 of the UPZA and LR (Amendment) Ordinance of 1954.
(2.) THE facts of the case are that the Plaintiff claimed Adhivasi rights and they were denied by the Defendant. When the suit was filed it was thought that since the question raised was of Adhivasi rights it raised the question of title and on that belief an issue was remitted to the civil court for decision. Before the civil court could decide that issue and send its finding to the revenue court, the UPZA and LR (Amendment) Ordinance came into force from 6 -8 -1954. Section 5 of the said Ordinance added Sub -clause (5) to Section 332 of the Principal Act. It was in the following terms. 5. Whether a person is or is not an Adhivasi or asami of the land, shall not be deemed to raise a question of title within the meaning of Sub -section (1) but for purpose of appeal from a decree of revenue court in a suit or proceedings the provisions of Sub -section (4) shall apply as if the issue about title had been decided by a civil court. Acting upon this amendment the Munsif passed an order that after the amendment it was the revenue court which was entitled to decide the case, and referred the case back to the revenue court for further proceedings. Against that order this application in revision has been filed.
(3.) THE first question that arises is whether any case has been decided by the court of the Munsif. He has merely sent the case back to the revenue court. He has decided nothing and, in my opinion, merely, referring the case for a finding or sending it back, would not amount to a case decided and no application under Section 115 of the Code of Civil Procedure would lie.;