V.D. Bhargava, J. - (1.) THIS is an application by the Respondent under Section 151 of the Code of Civil Procedure with a prayer that this appeal may be dismissed and the order of stay granted on 20 -12 -1956 be discharged. The appeal here was valued at Rs. 1,000 and was filed before a Single Judge, and it Was contended that under Section 21 of the Bengal, Agra and Assam Civil Courts Act, of 1887 as amended by UP Civil Laws (Reforms and Amendment) Act of 1954 an appeal upto the valuation of Rs. 10,000 lies to the District Judge and therefore the appeal should have been filed before the learned District Judge.
(2.) IN the counter -affidavit it has been alleged that this appeal arises out of a suit the valuation of which is Rs. 21,000 and therefore, the appeal could only be filed in this Court and not before the District Judge. Section 21 of the Bengal, Agra and Assam Civil Courts Act says that an appeal from a decree or order of a Civil Judge shall lie: (a) to District Judge where the value of the original suit in which or in any proceeding arising, out of which the decree or order was made did not, exceed five thousand rupees and (b) to the High Court in any other case.
(3.) THIS section has been amended by the UP Act and instead of Rs. 5,000 Rs. 10,000 has been substituted. But it will be seen that for the purpose of finding the forum of appeal it is the value of the original suit which has to be determined and not the value on the appeal itself, and if the value of the original suit is more than ten thousand rupees, whatever the value of the appeal may be, the Appeal shall lie to the High Court.;