TRILOKI NATH KOTHA Vs. JAWAHIR LAL KOTHA

JUDGEMENT

(1.) THE appellant/ plaintiff has challenged an order of the trial court dated 26 -9 -83, whereby the plaint has been returned to the plaintiff for presentation before a competent court of jurisdiction.

(2.) THE facts giving rise to this appeal are : that the appellant filed a suit against the respondents for partition of an ancestral property situated at Bagh Joghi Lankar, Srinagar to the extent of his share. The respondents contested the suit and raised among other pleas, the plea that the suit has not been properly valued, the suit property being of much higher value, therefore, beyond the Jurisdiction of the court. The court below framed two preliminary issues as under : -

(3.) ON deciding the issues, the learned trial court has returned a finding that the suit being of the nature of simple partition and the plaintiff was under obligation to value the suit for the purposes of jurisdiction and court fees for the entire property sought to be partitioned not to the extent of his share only, with the result the plaint has been returned to the plaintiff/appellant under order impugned for presentation before a court of competent Jurisdiction, therefore, this appeal.