KAMLI MAHATOWAIN Vs. JAGLAL MAHTO

JUDGEMENT

(1.) THIS revision application has been filed for setting aside the order passed by trial court by which direction has been given to return the plaint and the order passed by appellate Court affirming the same.

(2.) THE plaintiffs filed a suit for declaration of title and recovery of possession and valued the suit land which is situated in Deogbar district at Rs. 769. THE defendants took an objection that the suit ought to have been valued in accordance with the first schedule appended to Santhal Civil Rules and if it would have been valued in accordance with the aforesaid provision the valuation could not have exceeded Rs. 500. It has been submitted that according to the Santhal Pargans Justice Regulation, 1893 such suits could have been filed and tried by executive officers appointed under the provision of the said regulation. THE trial Court was of the view that the suit ought to have been valued in accordance with the provisions of the aforesaid rules, and its valuation could not have exceed Rs. 500. THErefore it passed an order for return of the point. When an appeal was taken, the lower appellate court affirmed the aforesaid order. Hence this revision application.

(3.) DURING the course of argument, learned Counsel for the petitioners has produced Gazette Notification dated 11-2-1950 showing that Presidential order has been issued under paragraph 6 of Fifth Schedule of the Constitution. From bare perusal of the said order, it appears that the same has been issued for different purpose, and even after issuance of the aforesaid order, the aforesaid statutes are applicable within the district of Deoghar. No notification or amending Act has been produced to show that district of Deoghar has been excluded from the operation of the aforesaid statutes.