BABAJI CHARAN SAHU Vs. NETRANANDA SAHU

JUDGEMENT

(1.) Defendant No. 1 in a suit for partition has carried this appeal against the affirming judgment and decree of the learned Subordinate Judge.

(2.) Plaintiff filed the suit on 17-12-1973 in the court of the Munsif at Anandapur alleging that Abhimanyu Sahu died leaving behind him four sons, namely, Bikala, Gananath (defendant No. 2), Raghu and Netrananda (plaintiff). Bikala is dead and his son Babaji is defendant No. 1. Raghu died leaving his widow (defendant No. 3) and two daughters, namely, Hadiani and Paluni. plaintiff demanded his share in the joint family properties and as defendants have not partitioned the same in spite of demand, he instituted the suit asking for one- fourth share in the property. In the plaint he valued the entire property at Rs. 12,000/- and his one-fourth share at Rs. 3,150/- though on the total valuation of Rs. 12,000/- the one-fourth share should have been calculated at Rs. 3,000/ net (see para 8 of the plaint).

(3.) Paras. 4 and 5 of the written statement of the defendants challenge the valuation and maintain that the suit was beyond the pecuniary jurisdiction of the court. No issue on the question of jurisdiction was, however, framed. Defendant No. 1 lost in both the courts below. When the second appeal came for hearing before a learned single Judge the question of want of pecuniary jurisdiction of the trial court to entertain the suit was agitated. The learned single Judge observed :-