Dawson Miller, C.J.This is an application on behalf of the defendants asking for leave to appeal to His Majesty in Council from an order of this Court made on the 10th December 1918, setting aside an order of the Deputy Magistrate-Subordinate Judge of the district of Palamau, refusing to execute decrees pronounced in favour of the plaintiff. The petitioner was one of the defendants in the suit, and be now makes this application so far as the order affects the decree to which he was a party. The plaintiff obtained the decrees in question in his favour for possession of two villages with costs and mesne profits to be determined by the Court below. He sought to execute the decrees in the Court of the Deputy Magistrate-Subordinate Judge of the district of Palaman. When the matter came before that Judge, he came to the conclusion for reasons which it is unnecessary to state that he had no jurisdiction to hear the case. On appeal this Court took a different view and remanded the case back to the Subordinate Judge to proceed with the execution, and it is from that order that the defendant now seeks leave to appeal. The order in question does not appear to us to be a final order, and, therefore, it is not a case in which we have any power to grant leave to appeal to His Majesty in Council. It is contended that this is a case which relates to the execution, discharge or satisfaction of a decree, and that, therefore, it is a decree within Section 47 of the Civil Procedure Code, and that in any case if it does not come within that section, it is a final order because it finally disposes of the rights or some of the rights of the parties. I am unable to accept that view. It does not seem to me that an order relating solely to jurisdiction determines a question relating to the execution, discharge or satisfaction of a decree within the meaning of Section 2 of the Code. Nor does it appear to me that the order in itself, directing that the Court shall hear and determine the questions in dispute in execution, is an order which finally disposes of any of the rights of any of the parties. In these circumstances I think that this application should be rejected.
Coutts, J.
2. I agree.