MOTI LAL Vs. NANDAN

JUDGEMENT

(1.) The plaintiff who is one of the respondents before us instituted the suit out of which this appeal has arisen for recovery of Rs. 150 principal amount and some interest on certain allegations which briefly come to this that the defendants were liable to make good the money to him (the plaintiff) as the heir of one Parsotam by virtue of certain agreements. The defence, inter alia, was that the suit was not cognizable by the Court at Muttra.

(2.) The learned Munsif who heard the case accepted the plea of the defendants and ordered the plaint to be returned to the plaintiff's pleader for presentation to the proper Court. The plaintiff thereupon filed an appeal before the learned Subordinate Judge of Muttra. That learned Judge held that the suit was cognizable by the Munsif of Muttra and by an order which is complained of dated 17 April 1928, reversed the order of the Munsif.

(3.) The first point that arises for decision is whether an appeal would lie from the order of the learned Subordinate Judge.