JITENDRABHAI JASHBHAI PATEL Vs. MOHANBHAI SOMABHAI PATEL

JUDGEMENT

(1.) xxx xxx xxx.

(2.) On a plain reading of the facts in the Case, it is obvious that the valuation of the suit is Rs. 44,000/- that the Appeal from Order would only have been preferred by the present appellant on the passing of the impugned order below Exh. 5 on 26th July 1996 and that on the said date Section 26 of the Bombay Civil Courts Act postulates an appeal to this Court only where the valuation of the suit is in excess of Rs. 50,000/-. It is, therefore, obvious that the appeal has been preferred in this Court erroneously and the same ought to have been preferred before the District Court. Learned Counsel for the appellant does not contest this position. Accordingly by consent it is directed that the present Appeal from Order be returned to the appellant for presentation to the proper court.

(3.) xxx xxx xxx.