POOSAPATI LAKSHMINARASIMHA RAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The report submitted by the District Munsiff is that the value of the subject-matter of the suit on 4/06/1948 was Rs. 7,930.00 and Rs. 15,860 as on 29/05/1960 when the appeal to the Supreme Court was proposed to be filed. The report is attacked on the ground that the District Munsiff in appointing a Commissioner to inquire into the value of the property has acted without jurisdiction. This argument is based on Order 45 Rule 5 C.P.C. and the decision Hansman Jha v. Bahuji Jah, ILR 43 Cat 225: (AIR 1916 Cal 102(1)

(2.) We do not think that this argument is admissible. Order 45, Rule 5 C.P.C. is in these words;

(3.) It is plain that what this rule requires is that the court from which a report is called ior should determine the amount or value of the subject-matter in dispute and return its report together with the evidence to the court by which the reference wiis made.