LAL BIJAI SARAN SINGH Vs. CHANDRA BAHADUR SINGH

JUDGEMENT

(1.) This is an application in revision by the defendant in a suit arising out of a suit for accounts.

(2.) The opposite party had instituted a suit for accounts on the allegation that the parties were relations, that the plaintiff invested in the partnership firm a sum of Rs. 20,000/- from time to time between the year 1945 and the date of the suit, that defendant No. 2 used to maintain the accounts with the common consent, that the defendants in collusion with each other misappropriated the properties and did not render accounts of the partnership and that the plaintiff requested them to dissolve the partnership, but the defendants refused to do so; hence the suit.

(3.) Among other defences one of the defences was that the suit was not cognizable by the Court of the Munsif. The learned Munsif came to the conclusion that upon the allegations in the plaint itself there was more sum due to the plaintiff than the sum of Rs. 20,000/- because in paragraph 10 of the plaint he said that he invested Rs 20,000/- and in paragraph 15 he said that toe account of the said amount of capital and share profit had not been rendered. Therefore, the amount due to the plaintiff, according to the plaint could, in no event, be less than Rs. 20,000/-. There was no allegation by the plaintiff as to the approximate amount due to him. He accordingly returned the plaint for presentation to the Proper Court. Against that order there was an appeal and the appellate Court came to the conclusion that in paragraph 17 of the plaint the plaintiff had fixed the valuation tentatively for the purpose of jurisdiction at Rs. 500/-, and that was enough compliance with the proviso of Section 7 (iv)(b). Accordingly it remanded the case to the Munsif for trial on merits. Against this order the present application in revision has been filed.