YOGESHWAR RAJ PURI Vs. YOG RAJ PURI

JUDGEMENT

(1.) THIS is an appeal under Clause 10 of the Letters Patent against a judgment of a learned Single Judge who had affirmed in appeal a preliminary decree for rendition of accounts granted by the Courts below in favour of respondent No. 1. The undisputed facts are that the father of the appellant and respondent No. 1 died in the year 1949. The appellant applied for grant of a succession certificate in respect of the property left by the deceased in the Court of Senior Sub Judge, Mahasu. This application was not contested by any one and succession certificate was granted in favour of the appellant in April 1951. In November 1961 respondent No. 1 filed a suit against the appellant impleading respondents 2 to 7 also as defendants for rendition of accounts regarding the movable assets of the deceased covered by the succession certificate on the ground that he alone had been managing the same. The suit was contested by the appellant only. In February 1962 the following seven issues were framed on the pleadings of the parties : -

(2.) WHETHER the suit is within time?

(3.) WHETHER the suit is not properly valued for purposes of court fee and jurisdiction?