MAHARAJAH SRI MAHARAJAH SAHIB MAHARBAN DOSTAN MAHARAJAH SRI RAO SIR VENKATASWETACHELLAPATHI RANGA RAO BAHADUR GARU, MAHARAJAH OF BOBBILI HAVING ABDICATED HIS RIGHTS ON 11 10 1916 IN FAVOUR OF HISELDEST SON, THE HON BLE SRI RAJAH RAO SRI VENKATA KUMARA KRI Vs. MAHARAJAH SRI MAHARAJAH SAHIB MAHARBAN DOSTAN MAHARAJAH SRI RAO SIR VENKATASWETACHELLAPATHI RANGA RAO BAHADUR GARU, MAHARAJAH OF BOBBILI HAVING ABDICATED HIS RIGHTS ON 11 10 1916 IN FAVOUR OF HISELDEST SON, THE HON BLE SRI RAJAH RAO SRI VENKATA KUMARA KRI

JUDGEMENT

(1.) The District Munsif found that the value of the suit was beyond the pecuniary limits of his jurisdiction and returned the plaint for presentation to the proper Court. He took all the evidence that was tendered before him. On appeal, the District Judge was of opinion that the evidence of the Commissioner which was acted upon by the District Munsif was unreliable owing to his want of experience of the forests on the suit estate and that "it was desirable to get a valuation made by some officer of experience who has also knowledge of local conditions or is in a position to ascertain them." He, therefore, reversed the order of the District Munsif and remanded the suit for disposal.

(2.) Objection is taken to the procedure adopted by the District Judge on the ground that he has no power to reverse and remand the suit.

(3.) I am of opinion that the objection is sound. Ail the evidence that was tendered was taken by the District Munsif and he dwelt with the question of the value of the property on its merits and on the evidence before him. No error of law is suggested. The function of the Appellate Court in such cases is either to confirm or reverse the decision of the lower Court and when it is of opinion that the evidence on record is not sufficient to enable it to come to a proper decision, to call for additional evidence. If the decision of the lower Court is arrived at by the exclusion of relevant evidence or by admitting irrelevant evidence or is vitiated by any other irregularity, the Appellate Court can call for a revised finding in the light of its observations. These are the powers which Appellate Courts have under Order XLI of the Code of Civil Procedure when the case has not bean disposed of on a preliminary point by the lower Court and the Appellate Court disagrees with it.