JUDGMENT : AIKMAN, J. This is a reference under section 195 of the N.W.P. Tenancy Act, 1901, the learned Additional Judge of Aligarh being in doubt as to whether an appeal which was filed in his Court lay to the Civil Court or the Board of Revenue. The appeal was from an order of a Collector setting aside a sale. If we could have regarded the order of the Collector as one passed under section 312 of the Code of Civil Procedure, we should have answered the reference by saying that in our opinion no appeal lay against the Collector's order either to the Civil Court or to the Board of Revenue. 2. But it appears from a perusal of the Collector's order that he held the sale to be void ab initio. This being so, we cannot hold that the provisions of sections 311 and 312 of the Code of Civil Procedure are applicable. In our opinion, the Collector's order must be looked on as one passed under section 244 of the Code and as therefore having the force of a decree Vide, Kharag Singh v. Pala Ram, [1904] 1 A.L.J.R., 305; S.C. 24 A.W.N. 156. Our answer to the reference therefore is that the appeal lay to the Civil Court. We made no order as to the costs of this reference.