BALMUKUND UPADHYA Vs. SMT. BHAGWATI DEVI

JUDGEMENT

(1.) JUDGEMENT This second appeal and Civil Revision No. 9 of 1967 arise out of a suit for partition filed by the plaintiff-appellant which was partly decreed and partly dismissed by the trial Court by its Order dated 30-9-1965. It is not necessary to give in detail the facts of this case, for the lower Appellate Court has not considered the merits or this case but has dismissed the appeal on the preliminary point of limitation. The necessary facts giving rise to the present appeal and the civil revision are as follows :-

(2.) THE plaintiff-appellant instituted a suit for partition at first in the Munsifs Court valuing it at Rs. 2,000. An objection was taken by the defendant about the valuation of the property and a commission was issued. The Commissioner found the valuation to be Rs. 18,220 with the result that the plaintiff having claimed half share in the property, the valuation of his share came to Rs. 9,110. The learned Munsif returned the plaint for presentation to the proper Court. The plaint was presented in the Court of the Civil Judge, Azamgarh, and the plaintiff valued the suit at Rs. 9,110. The suit proceeded and was partly decreed and partly dismissed.

(3.) THE plaintiff filed Civil Revision No.9 of 1967 against the order refusing to condone the delay and also filed Second Appeal No. 825 of 1967 against the dismissal of his appeal as time-barred. In my opinion, if the plaintiff had filed only the second appeal, the purpose would have been served. However, as a precautionary measure, when he has filed the second appeal as well as the revision, it should not prejudice his case.