LAWS(DLH)-1977-10-9

MAHANT PURUSHOTTAM DASS Vs. HAR NARAIN

Decided On October 24, 1977
MAHANT PURSHOTTAM DASS Appellant
V/S
HAR NARAIN Respondents

JUDGEMENT

(1.) This appeal has been placed before the full Beach in view of the order of reference dated May 18, 1977, passed by Kapur, J-

(2.) The appeal was filed by the plaintiff-appellants against the order dated May 14, 1973 passed by Shri A. K. Srivastava, Sub-Judge, Delhi holding that the value of the suit for purposes of court-fees and jurisdiction was Rs. 54,000 and also holding that the suit had not been valued correctly for purposes of court-fees and jurisdiction and that he had no jurisdiction to try the suit and directed that the plaint be returned to the plaintiffs for presentation to the proper court.

(3.) The plaintiff-appellants had filed the present suit, out of which the appeal arises, in their representative capacity under Order 1, rule 8 of the Code of Civil Procedure. The prayer made in the plaint was as under :