1. ' Learned counsel for both the parties are present and their arguments have been heard in these two Revision Petitioner involving a common point in issue between the concerned parties. This order will, therefore, dispose of both the Revision petitions. In a pre-emption suit brought by the petitioner against the respondents, the Collector derided the pre-emptor, under section 23 of the N.-W. F. P. Pre-emption Act, 1950, to deposit in \ cash Rs, 60,000 (Rupees Sixty thousand only) in one case and Rs, 85,000 (Rupees eighty-five thousand only in the other case and to furnish security for the balance before 9-4-1978. Aggrieved by this order, the petitioner went in appeal to the Additional Commissioner. The petitioner has also made a stay application before the Additional Commissioner for the suspension of impugned order of the Collector but this application has been rejected. Therefore, he has come up to this Court in Revision.
2. ' Before going into the details of the case, it is pertinent to point out that there is a distinction between an appeal and Revision. An order shall be appealable if it falls within the purview of sections 96, 102, 104 and Order 'XLIII of the Civil Procedure Code but the order which is not appealable under the said rules is revisable under the provision of section 115 of, C.P.C. An appeal is a vested right given to the party by the statute but a Revision is restricted to the point of law and jurisdiction. Section 115 of Civil Procedure Code as amended by the Law Reforms Ordinance, 1572 lays down as under:- "115. Revision.-(1)
(2) The District Court may exercise the power conferred on the High Court by the subsection (1) in respect of any case decided by a Court subordinate to such District Court in which no appeal lire and the amount or value of the subject-matter whereof does not exceed the limits of the appellate jurisdiction of the District Court.
3. (31 If any application under subsection (1) in respect of a- case within the competence of the District Court has been made either to the High Court or the District Court, no further such application shall be made to either of them.
(4) No proceedings in revision shall be entertained by the High Court against an order made under subsection (2) by the District Court."
4. ' It is thus clear that the Revisional powers once exercised either by the High Court or the District Judge cannot be exercised by either of them again.
5. ' In this case the Collector, Additional Commissioner and Member, Board of Revenue are working as a civil Court and on the analogy of Civil Procedure Code in a case which has been decided by the Collector and which is not appealable an application for Revision can be made either to the Additional Commissioner or to the Member, Board of Revenue. If an application is decided by the Additional Commissioner in exercise of his Revisional powers then further application shall be made to the member, 'Board of Revenue. Accordingly, this Court has held in a pre-emption case of similar nature,.. I e., Case No, 90 of 1978, Haji Nanimullah farm v nal Revision is competent before the Member, Board of Revenue in case the Revisional powers have been exercised by the Additional Commissioner. This view still holds good as there is no proof or authority forthcoming to the contrary.
6. ' In this case the Collector has passed an order for deposit of pre-emption money and the petitioner has challenged the same in appeal before the Additional Commissioner and the question whether it is an appealable or revisable order is for determination before him. At this stage, it will not be advisable to give any decision on this point because it will be prejudicial to the proceedings before the Additional Commissioner who has to give independent finding on this point.
7. The petitioner has assailed the discretionary/interlocutory order pass by the Additional Commissioner on his stay application against which Revision Petition is not competent in this Court. Therefore, the Revision Petition is rejected as 'incompetent. The stay order issued in this case earlier stands vacated.