Bankey Lal and Others vs Meghraj and Another

In our opinion no appeal lies from this order, which is an order of the District Judge returning a memorandum of appeal on the revenue side for the purpose of its being presented to the Appellate Court on the revenue side. In other words, the District Judge formed the opinion that it was for the Collector or the Commissioner or the Board of Revenue to hear the appeal. We cannot interfere with this order. No appeal lies from it to this Court, and the appellant must present his memorandum of appeal on the revenue side in accordance with the order. But to avoid any possible miscarriage of justice, we would suggest to the Appellate Court on the revenue side that if it differs fundamentally with the District Judge and for that reason is unwilling to dispose of the appeal, it should submit the record with a statement of reasons of its doubts to the High Court u/s 195 of the N.W.P. Tenancy Act, so that the real Question of the proper Appellate Court may be finally decided. The appeal is dismissed with costs.