SHYAMLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant Shyamlal obtained a decree against Nawab, Mohd. Rustamali Khan Jagirdar Basai, Sub-Division Dholpur on 29th April, 1939 for the recovery of Rs. 3600/- from the court of Ijlas Khas of Dholpur. THE copy of the decree shows that the decree was obtained on appeal by the plaintiff against the judgment and decree of the Judicial Secretary of Dholpur dated 25th May, 1932. THE decree carried interest at 6% P. A. which was put in execution from time to time and the last application was filed on 27th April, 1951. THE amount of the decree plus interest sought to be recovered was over Rs. 6000/-Mohd. Rustamali Khan had died in the meanwhile and the execution petition was filed against the various persons and the parties alleged to be in possession of the estate of the deceased. THE learned Civil Judge of Dholpur by order of 11th May, 1953 held the execution application to be barred by time. THE decree holder filed the present appeal on 11th August, 1953. One or the other respondent was not served for a long time and when ultimately the case came for hearing on 21st November, 1957, a preliminary objection was raised by the respondent that the appeal did not lay to this court but should have been filed in the court of the District Judge of Bharatpur.

(2.) COUNSEL for the appellant contended that the amount sought to be recovered under the application was over Rs. 6000/- and for that reason the appeal lay to the High Court and had been properly presented. It was also urged that according to the law in force, on the date of the institution of the suit, the appeal then lay to the Ijlas Khas and the High Court was now the Court in place of Ijlas Khas.