PRITAM SINGH Vs. L. KHUSHI LAL

JUDGEMENT

(1.) THIS is a deft's first appeal against the judgment & final decree for sale under Order 34,. Rule 5, Civil P C., dated 17 3 1950, passed by the Senior Subordinate Judge of Kaaumpti,

(2.) ON foot of a simple mtge. dated 23 6 1935, executed by the applt. Pritam Singh in favour of Jagannath, deceased father of the pitf. resp. Khushi Lal. for Rs. 2,000 the pltf filed a suit in the Ct. of the Dist. J. of Theog, Relief was claimed against Pritam Singh & his firm styled as Kattar Singh Gurbana Das. The pltf. also impleaded his two brothers, Bakshi Ram & Roshan Lal, as pro forma defts on the ground that under a will made by his father he alone was entitled to sue on foot of the mtge. deed.

(3.) THERE were three preliminary objections taken by the learned counsel for the plft. resp. that the appeal is not cognizable by this Ct. but should have been filed before the Judicial Committee, that the C. f. paid is insufficient & that the appeal is time barred. In view of the provisions of Section 6, Court fees Act, the question of proper c. f. payable should be taken up & decided before the appeal is heard on the marits. Muneahwar v. Har Prasad, A.I.R (33) 1945 oudh 207 : (1915 A.w.r. c. C. 85) I shall, therefore, take up the second objection relating to c. f. first of all.