(1.) THIS is a defendants' appeal against a judgment and decree of Mr. Gian Das Jain, Subordinate Judge 1st Class, Panipat, dated 22 -3 -1948 decreeing the plaintiff's suit in regard to a portion of his claim.
(2.) IN order to understand the case it is necessary to give the following pedigree -table:
(3.) ON remand the case came before Mr. Gian Das Jain who passed an identical decree as that of his predecessor on 22 -3 -1948. An appeal was then taken to the District Judge, Karnal, who held that the appeal lay to the High Court as the value of the suit was more than Rs. 5,000/ -. The memorandum of appeal was then returned and was filed in this Court on 1 -6 -1949.