The Weekly Reporter Appellate High Court Containing Decisions of the Appellate High Court in all its branches viz. in Civil Revenue and Criminal Cases as well as in cases referred by the Fofussil Small Cause Courts and the Recorder's Courts; together with Rules and the Civil and Criminal Circular orders issued by the High Court; also decisions of Her Majesty's Privy Council in cases heard in appeal from Courts of British India

65 (4) The action of the Court under section 73 is a matter of discretion, not of appeal ; but an appeal will lie after decree against interlocutory orders, if they affect the decision on the merits or the jurisdiction of the Court (5) The Full Bench Ruling that a suit under section 230 must be treated as an ordinary suit for the recovery of property, and that the whole question of title ought to [...] (I) The principle that in a--there may be an operative division of title without a corresponding division of the subject- matter, does not apply where there is no deed or agree- ment contemplating the subject of separation (2) A member of a -- may mortgage his undifided share of the joint property without the consent of his co-sharers in order to raise money for the benefit of the family 8o In a i [...] (I) Of the High Court as defined in the judgment of the Division Bench re- ported in to Weekly Reporter, page 33 8 (2) Of Revenue Courts in respect of suits in which either landlord or tenant is a benamee holder, the name used not being that of the contracting party 12 (3) Of a Collector, independently of Act X. , in respect of the admission of a party to be heard when a proceed- ing has taken plac [...] (V Where an execution-sale of an estate in the towjee of Nuddea is con- firmed, fifteen mouzahs of which are in thd 24-Pergunnahs, and the question is as to how far a valid title to the mouzahs is created in favor of the purchaser 44 (6) Of a Small Cause Court in a suit for the balance of nikasee papers fur- nished by defendant as tehsildar (7) Of a Collector appointed guardian under section 12, A [...] 196 (i5) In a suit to recover on a mortgage- bond in which the lender has a mortgage-lien, and on the sale of the property for satisfaction of debt, may proceed against the debtor for the balance (16) In a suit in a Moonsiff's Court on a right of pre-emption, which on coming up a second time in special appeal, the point is for the first time raised that it was not cogni- zable by the Moonsiff .