Judgement

Appeal from a judgment and decree of the High Court (March 12, 1912) modifying a decree of the Subordinate Judge of Aligarh.

The facts material to the decision appear from the judgment of their Lordships.

1916. June 26. De Gruyther, K.C., and Dube, for the respondent. There is a preliminary objection to the hearing of the appeal. Upon the findings of the Courts in India the only claim open to the appellant is to a two-biswas share in the property. The subject-matter of the appeal is that share. The High Court in granting a certificate erroneously treated the subject-matter as being the amount of the mortgage. The subject-matter was less than Rs. 10,000, and there was no right to appeal under s. 110 of the 1908 Code. It is conceded that there was a misjoinder of causes of action under the Civil Procedure Code, 1882, s. 85, but no objection on that ground was taken at the trial.

Law. Rep. 43 Ind. App. 187 ( 1915- 1916)

Radha Kunwar V. Reoti Singh 78

Under s. 578 of the 1882 Code and s. 99 of the 1908 Code the objection cannot be taken at any later stage.

Sir W. Garth, for the appellant. The effect of the decree was co add the share claimed by the appellant to the mortgaged pr