KALAWATI Vs. DEVI RAM

JUDGEMENT

(1.) MISCELLANEOUS First Appeal No. 83 of 1960 arises out of a petition filed by the appellant under Sections 10 and 12 and Miscellaneous First Appeal No. 128 of 1959 arises out of a petition filed by the appellant under Section 9 of the Hindu Marriage Act, 1955.

(2.) A common preliminary objection was raised on behalf of the respondents to the aforesaid appeals and I propose to dispose of that objection by this order. The objection was 'that the appeals were entertainable by the Court of the District Judge and not by this Court inasmuch as the decrees appealed against were passed by the Senior Subordinate Judge.

(3.) IN order that an appeal may lie under Clause (a) of paragraph 31 of the Himachal Pradesh (Courts) Order, 1948, three conditions have to be satisfied : (i) that the decree or order should have been made in a suit, (ii) that the valuation of the subject matter of the suit should not exceed Rs. 5,000/ and (iii) that the decree or order should have been passed by a Subordinate Judge.