Judgement

Appeal by special leave from a final order of the High Court (June 26, 1912) setting aside, on the ground of want of jurisdiction, a decree of the District Judge of Belgaum (November 4, 1910) ; and from a decree of the High Court (December 10, 1913) affirming, on the merits, a decree of the first class Subordinate Judge of Belgaum (March 23, 1910).

The question for determination upon the appeal was whether, in the circumstances stated in the judgment of their Lordships, an appeal from a decree made by the first class Subordinate Judge of Belgaum lay to the District Court or to the High Court.

65 Law Rep. 46 Ind. App. 24 ( 1918- 1919) Rachappa Subrao Jadhav V. Shidappa Venkatrao Jadhav

166

1918. Oct. 25, 28. P.O. Lawrence, K.C., De Gruyther, K.C. , and O’Gorman for the appellant (defendant). The appeal lay to the District Judge, who decided in the appellants favour, and not to the High Court. Under ss. 8, 26 of the Bombay Civil Courts Act (XIV. of 1869) an appeal from a first-class Subordinate Judge lies to the District Court where the value of the subject-matter does not exceed Us. 5,000. By the Suits Valuation Act (VII. of 1887), s. 8, the valuation for Court fees and fo