CHAMPAMANI BIBI Vs. MOHAMMAD YUNUS

JUDGEMENT

(1.) This is an application by the D. Hs. for leave to appeal to the Supreme Court from an appellate order dated 5-8-1948, of this Court which reversed the decision of the trial Court & dismissed the application for execution of a mortgage decree as barred by time.

(2.) The application for leave to appeal was filed on 4-10-1948, that is, before the Constitution of 1950 came into force & will, therefore, be governed by Section 110, Civil P. C. This section provides:

(3.) The order sought to be appealed from being one of reversal, the only question for consideration is whether the requirements of. Section 110 as to value are satisfied. The original: mortgage suit which was instituted as far back as in 1916 was valued at Rs. 5,783/12/6 but the final mortgage decree which was passed in appeal by this Court on 21-9-1938, was for Rs. 67,247/4/9. The execution of this decree was held to Be barred by limitation by the order of this Court now sought to be appealed from. The amount or value of the subject matter in dispute on appeal, therefore, is considerably over Rs. 10,000/-.