LAWS(RAJ)-1957-4-4

DOONGARMAL Vs. ROOPSINGH

Decided On April 30, 1957
DOONGARMAL Appellant
V/S
ROOPSINGH Respondents

JUDGEMENT

(1.) THESE two first appeals raise a common question as to their proper venue or forum. In the event that these appeals should have been filed in the Court of the district Judge concerned, instead of in the High Court, a question of limitation is further involved because in that case the appeals were presented, more than thirty days after the judgment of the trial Court was delivered. We propose to decide both these points by this judgment.

(2.) IN order to appreciate the points which are raised before us, a few facts may be stated shortly.

(3.) AS to Appeal No. 55, the plaintiffs respondents filed their suit against the defendant appellant for recovery of a sum of Rs. 9,221 on the 29th May, 1953. The Senior Civil Judge Jalore decreed the suit by his judgment dated the 25th january, 1956. The defendant filed his present appeal in this Court on the 15th may, 1956, which came to be registered as Appeal No. 55 of 1956.