1. Although this petition is only a petition to condone the delay in filing the appeal, the real question it raises is the maintainability of the appeal in this Court. The appellant is the first defendant in a suit for partition brought by the first respondent in the Subordinate Judge's Court. In the plaint the first respondent valued the entire suit property at Rs. 24.810/- and her one-third share at Rs. 8270/-. By the original preliminary decree and its amendment the plaintiff and the second defendant were awarded 1/3 share each in the property. In the final decree which followed the total property was valued at Rs. 64,800/- and the plaintiff was allotted a share valued at Rs. 19.185/-, the first defendant a share valued at Rs 25,3931- and the second defendant a share valued at Rs. 20,222.80. The first defendant was directed to pay Rs. 2415.26 to the plaintiff and Rs. 1377.47 to the first defendant as owelty. The memorandum of appeal carries a court fee of Rs. 100/- as did the plaint in the court below and it states erroneously, but in an obvious attempt to justify the institution in this Court, that the "suit valuation is Rs. 22,790." It is not apparent what this amo