KALOORAM Vs. GANGADASS

JUDGEMENT

(1.) THIS is a revision application by one Kalooram against an appellate order of the District Judge, Jodhpur, setting aside an order of the Civil Judge, Jaisalmer dated 19. 11. 57. By that order the learned Civil Judge held that he had no jurisdiction to entertain the petition filed by the respondents under sec. 17 of the Arbitration Act for passing a judgment in terms of an award.

(2.) THE contention of Kalooram was that the valuation of the subject matter of the reference was above Rs. 10,000/ -. This contention was upheld by Civil Judge on the following valuation: - (1) Matter relating to property Value mortgaged for Rs. 6,000/- Rs. 6,000/- (2) THE promissory note for Rs. 3,000/-the subject matter of a pending suit for Rs. 3630/- Rs. 3630/- (3) THE claim as regards mortgaged house for Rs. 1000/- Rs. 1000/- (4) Other reliefs regarding right Unassessed to keep in or take away goods by the in Kotha by Kalooram. applicant. Rs. 10,630/- Apart from that he held that Kalooram had stated on oath that the value of the Kotha in questions was Rs. 1100/- and that this fact has not been rebutted. On these grounds he came to the finding that the valuation was above Rs. 10,000/- and ordered the plaint to be returned for presentation to proper court.