- (1.) THIS is an appeal by the plaintiff Putto Lal Sharma against a judgment and decree of the Senior Civil Judge, Ajmer, dated the 21st January, 1960, by which he recorded a compromise alleged to have been arrived at between the parties and dismissed the plaintiffs suit in accordance with it, leaving the parties to bear their own costs.
(2.) THE material facts leading up to this appeal may shortly be stated as follows. The plaintiff was a building contractor at Ajmer. The defendant is Maharaja Sumer singh, Ruler of Kishengarh which was a neighbouring independent State in 1947 and 1948. The plaintiffs case was that as a result of an agreement between the parties, he had built two palaces for the said Ruler of Kishengarh, one at Ajmer and the other at Kishengarh and had also undertaken certain other works of a subsidiary nature for the defendant, the details of which were mentioned in the plaint and that he had repeatedly asked him and a Colonel A Sharman, who was his controller of personal estates and was looking after all the personal properties of the defendant in that capacity to render a full and complete account of all the works executed by the plaintiff and to make full and final payment of such amount as may be found payable to him. The defendant, however, did nothing and so the plaintiff brought the present suit against the said Ruler of Kishengarh on the 27th june, 1955, in the Court of the Senior Sub-Judge, First Ciass, Ajmer, after obtaining the necessary sanction from the Government of India under sections 86 and 87 of the Code of Civil Procedure. The plaintiff valued his suit for the purposes of rendition of accounts at Rs. 1000/- and paid court-fee thereon accordingly while for purposes of jurisdiction, ho valued his claim at Rs. 60,000/ -.
(3.) THE defendant raised an objection that the suit was triable by a Court of lower jurisdiction on the valuation put on it by the plaintiff which was Rs. 1000/- only.;