Sir George Rankin:-

On 3rd November 1930, the appellant, acting under Chap. 7, United Provinces Land Revenue Act, 1901 (herein called "the Act"), presented in the Court of the Assistant Commissioner of Bara Banki an application for partition to which the first respondent filed objections. The case was tried as a suit under S. 111, sub-s. (3) of the Act and on 16th November 1931, the Assistant Commissioner dismissed the application with costs. The appellant under S. 112 of the Act, read with S. 39, Oudh Courts Act, 1925, had a right of appeal from this decision either (a) to the Court of the District Judge within 30 days (Art. 152, Sch. 1 to the Indian Limitation Act, 1908), or (b) to the Chief Court within 90 days (Art. 156) according as "the value of the original suit" did not exceed Rupees 5,000 or was in excess of that amount. On 17th December 1931, he brought his appeal in the Court of the District Judge valuing the appeal at Rs. 1,000. At the hearing on 9th April 1932, objection was taken to the competence of the appeal on the ground that the true value was in excess of Rs. 5,000; and on 22nd April 1932, the District Judge upheld this objection and directed that the memorandum