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RANKIN, ASUTOSH MOOKERJEE
Harihar Das Chowdhury – Appellant
Versus
Raj Kumar Mukherjee – Respondent
JUDGMENT
1. We are invited in this Rule to allow the defendants in the Court below to lodge an appeal in this Court against the decree of the Subordinate Judge in a suit for redemption which was valued at Rs. 3,600 by the plaintiffs for purposes of jurisdiction. The petitioners contend that the real value of the subject-matter of the litigation exceeds Rs. 5,000 and that, consequently, the appeal from the decision of the Subordinate Judge lies to the High Court and not to the Court of the District Judge, We are of opinion that this contention is not well founded.
2. Section 20 of the Bengal Civil Courts Act, 1887, provides that an appeal from a decree or order of a District Judge or Additional Judge shall lie to the High Court; Section 21 then provides that, save as aforesaid, an appeal from a decree or order of a Subordinate Judge shall lie to the District Judge where the value of the original suit in which, or in any proceeding arising out of which, the decree or order was made, did not exceed five thousand rupees, and to the High Court in any other case. The determination of the question raised by the petitioners depends upon the construction of the expression 'the value of the or
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