SHRIMATI SHANTI DEVI Vs. SATYA PAL AND ORS.

JUDGEMENT

(1.) THE only point which arises at this stage for determination relates to the prayer under Section 5 of the Limitation Act for condoning the delay in presenting the appeal in this Court.

(2.) THE suit out of which this appeal has arisen was Institute by the Appellant for separate possession by partition of her share in the properties mentioned in the Schedule attached to the plaint and also for rendition of accounts etc. In the plaint, value for purposes of court -fee, was, mentioned to be Rs. 200/ - each on two counts and for purposes of jurisdiction Rs. 400/ -. The market value of the property was, however, stated to be Rs. 50, 000/ - and the, Plaintiff's share from the central income was staged to be Rs. 2,000/ -.

(3.) AT the time of the hearing of the appeal the Respondents in the lower Appellate Court objected that, the appeal lay in the High Court and not in the Court of the learned Senior Subordinate Judge because the valuator the purposes of jurisdiction was obviously more than Rs. 5,000/ -. In support of this contention, reliance was placed on the value of the Plaintiff's share in the property in suit as stated in the plaint which was, considered and indeed found by the Court below to be at least Rs. 25,000/ - On this finding, the memorandum of appeal was returned to the Appellant for presentation to the proper Court and was duly presented in this Court along with an Application made under Section 5, Indian Limitation Act.