BALMUKUND JAIRAMDAS Vs. RAMESHCHAND LADETILAL

JUDGEMENT

(1.) SHIVDAYAL J. has referred the following question for decision.

(2.) THE fact which give rise to this reference are as follows. Non-applicant No. 1 Rameshchand obtained a preliminary decree for accounts of a dissolved partnership against the applicant Balmukund The applicant preferred an appeal against the said decree valuing the subject-matter of the appeal at Rs. 500 only, although the suit for accounts was valued at Rs. 3,000. The appeal was addressed to the Third Additional District Judge and the memo. of appeal was presented on February 23, 1967 to the Clerk of Court. The clerk of Court sent the appeal to the Third Additional District Judge.

(3.) ACCORDING to the distribution memo, issued by the District Judge, the Court of the Third Additional District Judge was competent to hear appeals of the value upto Rs. 1500 only. The Third Additional District Judge by order dated 13-9-1968 held that the appeal had been undervalued. The appellant then by amending his memo; of appeal enhanced the valuation of the appeal from Rs. 500 to Rs. 3,000 and paid ad valorem court-fees on the difference. After this was done the Third Additional District Judge found that the appeal could not be heard by him according to the distribution memo. Therefore, by order dated March 31, 1970 he ordered that the memo of appeal shall be returned to the appellant for presentation to proper Court. Being aggrieved thereby, the applicant preferred a revision petition out of which this reference arises.