UMA SHARAN SAXEXA Vs. MANSARAM

JUDGEMENT

(1.) THIS revision application is filed by the plaintiffs who had instituted a suit for declaration and possession valued at Rs. 5,200 in the Court of Civil Judge Class I, Sehore. The suit was registered as Civil Suit No. 22-A of 1962 and was decided on 20-9-1963. The suit was decreed with costs.

(2.) THE applicants feeling aggrieved by the said decree filed a reguler civil appeal which was registered as Civil Appeal No. 280 of 1963 in the Court of the Additional District Judge, Sehore, on 20-10-1963. THE said appeal continued to be pending in the Court of the Additional District Judge, Sehore, till 19-7-1966 on which date it was ordered to be presented to the proper Court for the reason that the Additional District Judge, Sehore, had no jurisdiction to hear appeals valued over Rs. 5,000 and therefore it should have been filed before the District Judge, Bhopal.

(3.) THE contention advanced on behalf of the applicants is that the appeal as presented before the Additional District Judge, Sehore, did not suffer from any defect of presentation as the Court of Additional District Judge, Sehore, did not form a separate Court but was attached to the District Court, Bhopal, and formed part of it and therefore the presentation of the appeal before the said Additional District Judge should be held to be a presentation to the District Court itself for purposes of limitation. THE learned counsel placed reliance on the view taken by this Court in Sukhul v. Nanhoo (1918 NLJ 4=AIR 1917 Nag.162), Sirajuddin v. Sonilal and another (AIR 1928 Nag. 199), Zumberlal Chhotelal Agarwal and another v. Sitaram and others (AIR 1937 Nag. 80), Gulabchand Kanhayalal v. Kishanlal Kanhayalal Teli (1938 NLJ 454=AIR 1939 Nag. 42) and Hiralal Adku Patel and another v. Parasramsao Doma Sao Kalar and others (1941 NLJ 480=AIR 1942 Nag. 5).