SHIVDAN CHAND Vs. KALYAN CHAND

JUDGEMENT

(1.) This is a petition for certificate that the case is fit one for appeal to Ijlas-i- Khas against the decision of the former High Court of Jodhpur dated 9th February 1949. The relevant Rule is contained in the notification issued by His Highness the Maharaja Sahib of Jodhpur on 12th December 1946 and its relevant provisions are as under : "18. Subject to the provisions hereinafter contained an appeal shall tie to Ijlas i-Khas: -- (a) From any decree passed on appeal by the High Court, (b) From any decree passed by the High Court in a case relating to land, whether either party had pleaded that he holds the land in dispute otherwise than as a cultivating tenant of the opposite party, and an issue had been framed regarding the tenure in which the land was held, and where the decree appealed from does not affirm, the decision of the Court immediately below. (c) From any decree passed by the High Court, when the case as hereinafter provided is certified to be fit one for appeal. 19. In cases covered by of (a) of Rule 18, the amount of value of the subject-matter of the suit in the Court of first Instance must be Rs. 4000 or more and the amount or value of the subject-matter in dispute on appeal to His Highness must be the same sum or more; Or the decree must involve directly or indirectly some claim to, or some question respecting property of like amount or value. And where the decree appealed from affirms the decision of the Court immediately below, the appeal must involve substantial question of law."

(2.) It is conceded that the valuation of the subject matter in dispute in the trial Court and in appeal would be more than Rs. 4000 but the petition is opposed on various grounds. The first contention is that the judgment of the former High Court of Jodhpur was of affirmance of the decision of the Court immediately below and in order that an appeal can lie to the Ijlas-i-Khas there must be a substantial question of law involved in the appeal.

(3.) It is urged on behalf of the petitioners, that there is a substantial question of law involved in the appeal viz., whether" the wife of a lunatic can adopt a son to her husband which was decided against the plaintiffs. The point is not covered by any authority and without expressing any opinion on the point it may be stated at once that it is a substantial question of law.