SAMDU KHAN Vs. MADANLAL

JUDGEMENT

(1.) THIS is an appeal in execution proceedings. The respondent Madanlal instituted a suit for dissolution of partnership and rendition of accounts in the court of Civil judge, Merta. He valued the suit at Rs. 5,250/- and paid court-fee on that valuation according to Section 7 (iv) (f) of the Court-fees Act. A preliminary decree was passed on 31st of January, 1957. An appeal was filed to the High Court by the defendant, but as reported in Samdu Khan v. Madanlal, 1957 Raj LW 464 : (AIR 1958 Raj 62, it was decided by the Full Bench that the appeal lay to the District judge. The appeal was consequently submitted to the District Judge and it is said to be pending.

(2.) AS it happened, further proceedings continued in the trial court and a final decree was passed on the 16th of November, 1957 in which the defendant samdukhan was held liable to pay Rs. 67,089/14/- to Madanlal as a result of the accounting between the parties. The defendant filed an appeal against this final decree in the court of the District Judge, Merta. It is admitted that that appeal was rejected for non-payment of court-fees and an appeal against that order is now pending in this Court.

(3.) MADANLAL put his decree in execution and certain objections were raised by the judgment-debtor. These objections were disallowed by the Civil Judge of Merta on 3rd of March, 1958. The defendant judgment-debtor has filed the present appeal.