SAMDUKHAN Vs. MADANLAL

JUDGEMENT

(1.) THE only point for determination before the Full Bench in this appeal is whether it rightly lies to this Court or the appeal should have been filed in the court of the district Judge concerned.

(2.) WE may state a few facts only which have a bearing on the question for decision. The suit out of which this appeal arises was filed by the plaintiff respondent Madanlal against the defendant appellant Samdu Khan in the court of the Senior Civil Judge, Merta, on the 11-2-1953. The suit was for dissolution of partnership and rendition of accounts, and the plaintiff respondent had valued it at rs. 5250/-for purposes of court-fee. The trial court passed a preliminary decree in favour of the plaintiff respondent by its judgment dated the 31st January 1957. The defendant appellant then filed this appeal against that judgment and decree in this Court on the 13-3-1957. The appeal was registered in this Court on the same day. The appellant had somehow valued his appeal at Rs. 10,500/- but put in fixed court-fee only. When the matter came for determination of the proper court-fee payable on the appeal in this Court before a Division Bench, the appellant was directed to pay an ad valorem court-feel on Rs. 5250/-, and time was granted to him to make good the deficiency by the 31-5-1957, and the Bench directed that the question of jurisdiction would stand over until the deficiency in the court-fee was made good. There was a few days' delay in the payment of the court-fee but this was condoned by the Bench in the circumstances of the case. As regards the decision of the question whether the appeal lies to this Court or not, the appeal has been referred to the Full Bench in view of the importance of the question.

(3.) THE question of the venue of the appeal depends upon Section 21 of the rajasthan Civil Courts Ordinance (No. VII) of 1950, This section at the time the present suit was filed in 1953 stood as follows: