JAGAT NARAYAN, J. - (1.) THIS purports to be a revision application against an order of the Civil Judge, Ajmer, acting as a Tribunal under sec. 4 of the Displaced Persons (Debts Adjustment) Act, 1951 (hereinafter referred to as the Act ).
(2.) ON an application by the respondents the Tribunal passed an order for the recovery of Rs. 3,978 plus half the costs against them in favour of the applicant. But he gave a direction under sec. 52 of the Act that the contents of the decree shall be communicated to the Settlement Commissioner, New Delhi for adjusting the amount of the decree against the compensation due to the respondents. The contention on behalf of the applicant is that the Tribunal was not entitled to do so without determining the paying capacity of the respondents as provided under sec. 32 (1) of the Act. This contention is correct. But a preliminary objection is taken on behalf of the respondents that no revision lies. Reliance is placed on the decision of a learned Single Judge in Munshi Ram Vs. Hukam Singh (1 ). On behalf of the applicant it is argued that the attention of the learned Judge was not drawn to sec. 25 of the Act which runs as follows: - "save as otherwise expressly provided in this Act or in any rules made thereunder, all proceedings under this Act shall be regulated by the provisions contained in the Code of Civil Procedure, 1908. " There is no express provision in the Act which may be inconsistent with the entertainment of a revision application. But as was pointed out in Sunder Das Vs. Lachmandas (2) a Tribunal acting under the Act is not a court subordinate to the High Court for purposes of the Code of Civil Procedure. A revision under sec. 115 C. P. C. would not lie against an order of the Tribunal under the Act. ' But an appeal lies against the order of the Tribunal to this Court under sec. 40 of the Act. Sec. 41 does not bar the present appeal as the subject matter of it does not relate to the amount of the debt. I accordingly treat the revision application as an appeal under sec. 40. The Court-fee payable on an appeal of this nature would be the same as court-fee payable on an application. See Art. 11 Schedule II Court Fees Act. I accordingly allow the appeal set aside the order of the Tribunal dated 24. 4. 58 so far as it relates to the transmission of the copy of the decree to the Settlement Commissioner under sec. 52 of the Act. The Tribunal is directed to proceed in accordance with the provisions of the Act after determining the paying capacity of the respondents, If any deduction has been made by the Settlement Commissioner from the compensation of the respondents the Tribunal shall get the amount from the Settlement Commissioner and pay it to the applicant. If the applicant has already recovered the amount from the Settlement Commissioner the present proceedings shall be consigned to the record. Parties shall bear their own costs of the proceeding. .;