JAMILA KHATOON Vs. SADUL UL NISA

JUDGEMENT

(1.) This revision petition has been filed under section 115 of the Code of Civil Procedure by the defendants against the order of the Sub-Judge, I Class, dated 25th October, 1972, by which he has held that the value of the suit falls within his pecuniary jurisdiction.

(2.) The material facts of the case lie in a narrow compass. The plaintiff respondent instituted a suit for partition and separate possession of 1/45th share, besides rendition of accounts. The valuation of the suit as given in the plaint is as follows :

(3.) The defendant-petitioners contested the suit and inter alia raised to preliminary objections, viz. (1) the suit was barred by res judicata, and (2) that the suit had not been properly valued for purposes of court fee and jurisdiction. These pleas form subject matter of issues 3 and 4 respectively. Both the issues have been answered by the court below in favour of the plaintiff respondents. Feeling aggrieved, the petitioners have filed this revision and have challenged the findings of the court, on both the issues. It is, however, conceded between the parties that I should d,ecide issue No. 4 first and should I come to the conclusion that the court below had no jurisdiction to try the suit, then it is not necessary for me to discuss issue No. 3 as the same will be non est. On the other hand, should I uphold the finding on issue No. 4, then I should decide issue No. 3 as well. Under the circumstances, I will take up for consideration issue No. 4.