C.P.Sinha, J.

1. This appeal has been Sled in this Court by some o£ the defendants against the final decree in a partition suit. The partition suit was valued at Rs. 5000. A preliminary decree was passed, but no appeal was preferred against that decree. In usual course, the final decree has been passed, and this appeal has been preferred in this Court on the ground that the real value of the subject-matter of the suit was more than Rs. 5000, and, therefore the appeal lay to this Court. The appeal was filed beyond thirty days, but within ninty days of the date of the decree without mentioning either the value of the suit or the value of the appeal. The Stamp Reporter found from the decree, a copy of which was filed with the memorandum of appeal, that the suit was valued at Rs. 5000 only. The matter was placed before the learned Registrar of this Court who, by his order dated the 4th May 1955, directed the memorandum of appeal, along with the copies of decree and judgment, to be returned to the appellants for presentation to the proper Court; but this order was held in abeyance at the request of the appellants. Thereafter, on the 27th July 1955, a petition was filed on behalf