SUBHAS PRASAD SINGH Vs. JOGENDRA KUMAR

JUDGEMENT

(1.) HEARD the learned Counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the opposite party 2nd set.

(2.) THIS revision application has been filed against the order dated 2-8-2006 passed by the District Judge, Nalanda, in Title Appeal No. 20 of 2006 by which the learned court has returned the memo of appeal to be presented before the Hon'ble Court after hearing the parties on the issue of valuation and recording the finding that the appeal ought to have been valued at Rs. 2,29,600/-.

(3.) AN objection was raised regarding the maintainability of the appeal before the court of District Judge, Nalanda, on the ground that the suit had been valued at Rs. 2,29,600/- and therefore the valuation of the appeal at Rs. 41,234/- was wrong. Contesting this objection it was submitted on behalf of the appellant that in view of the fact that the appellant had been granted partial relief by the court below, this appeal was confined only to that part of the property for which he had not been granted the relief as prayed in the suit. The appellant also relied upon a decision of this Court in order to persuade the learned appellate court below regarding the correctness of the valuation of his appeal and its maintainability in that court. However, the learned court below came to the finding that when the suit had been valued at Rs. 2,29,600/-, this appeal ought to have been valued at Rs. 2,29,600/- and not at Rs. 41,234/- as has been done and after this finding the learned court below held by the impugned order that the appeal was not maintainable and directed the memo of appeal to be returned to the appellant to be presented before this Court.