PARIKHIT DAS Vs. MADHAB JENA AND ORS.

JUDGEMENT

(1.) THIS is an application by the Plaintiff under Article 133 of the Constitution of India, for leave to appeal to the Supreme Court against the judgment of this Court in F.A. 19 of 1956 dated 7th September 1960 modifying the judgment of the Additional Subordinate Judge, Berhampur.

(2.) MR . Ramdas for the Applicant wanted that this Court should direct the Subordinate Judge to hold an enquiry to ascertain the valuation of the subject matter in dispute, both in the Court of first instance and in appeal with a view to enable him to show that the valuation is well above the limit of Rs. 20,000/ - fixed in Article 133 of the Constitution. Mr. Rao for the opposite party however contended that the question of valuation had been practically decided even at the trial stage and that the same had been fixed at Rs. 7500/ - which had been accepted by the parties and that it was not open to the Petitioner to go behind that decision.

(3.) BEFORE the settlement of issues, however, the Peripatetic Stamp Reporter examined the records of the case and gave a note to the effect that valuation of the suit lands should be raised to at least Rs. 10,000/ - which should be taken as the minimum value, and that the Plaintiff should be called upon to pay deficit court fee. That report of the Stamp Reporter was put up before the learned Subordinate Judge on 21 -2 -1953 on which date he directed issue of notice to the Plaintiff and fixed the matter for bearing on 2 -3 -1953. The court fee matter was again adjourned to 11 -3 -1953 and was actually heard on 12 -3 -1953 after notice to both parties. On the latter date the Court passed the following order: