BARDICHAND Vs. SONI

JUDGEMENT

(1.) BARDICHAND son of Magniram filed a suit against defendants Sonibai and laxmibai in the Court of Civil Judge Second Class, Badnawar for declaration and separate possession of certain items of joint family property consisting of land, mango-trees and houses. Before the trial Court objection was raised on behalf of the defendants with regard to the court-fees paid. Along with the other issues at the time of final decision the trial Court held on the question of court-fees that it was inadequate. The appropriate amount, according to him, ought to be Rs. 2532-0 whereas the amount paid was Rs. 41-6-0. He, therefore, while decreeing the plaintiff's suit for possession gave a direction in the decree that unless the requisite amount of court-fees were made good within 15 days the plaintiff-decree-holder will not be entitled to execute his decree, and that the said decree would not be binding upon defendants in any manner. The plaintiff failed to deposit the requisite court-fee within the time limited in the decree. He thereafter gave an application on 26-9-1953 to condone the delay. This application was rejected by the trial Court.

(2.) THE present revision petition is directed against that order and the jurisdiction of this Court both under Section 115 of the Civil Procedure Code and under Article 227 of the Constitution of India is invoked.

(3.) MR. Thakkar who appeared for the applicant has for the first time before this court raised a question which has a reference to the question of pecuniary jurisdiction of the Court. According to him on the finding given by the trial Court the valuation of the suit was Rs. 3354-12-9 and that on that finding the Court had no pecuniary jurisdiction to decide the case.