GULAB KHAN Vs. ABDUL WAHAB KHAN

JUDGEMENT

(1.) The suit out of which this appeal arises was one brought for accounts from an agent and for the sum which, on account being taken, might be found to be due by the agent. The plaintiff valued his suit at Rs. 5,000, but he prayed that, if a larger amount might be found due to him, he might be given a decree for the amount so found due on his paying the deficit Court-fee duty.

(2.) The Subordinate Judge found the plaintiff entitled to a sum of Rs. 5,756-13-6.

(3.) The defendant has now appealed. A preliminary objection has been taken to the hearing of this appeal on ground that, as the plaintiff valued his suit at Rs. 5,000, the appeal lies to the District Judge and not to this Court, as under Section 21 of Act XII of. 1887, it is "the value of the original suit" that determines the forum of appeal. The cases of Mohini Mohan Das V/s. Satis Chandra Roy (1890) I.L.R. 17 Calc. 704, Rameswar Mahton V/s. Dilu Mahton (1894) I.L.R. 21 Calc. 550, Nilmony Singh V/s. Jagabandhu Roy (1896) I.L.R. 23 Calc. 536, Nagendra Nath Mozumdar V/s. Russik Chandra Rai (1901) 6 C.W.N. 346, and Modhu Sudan Roy v. Prosanna Kumar Dutt Unreported A.O.D., 38 of 1901, have been cited to us.