Modi, J.—The only point for determination before the Full Bench In this appeal is whether it rightly lies to this Court or the appeal should have been filed in the court of the District Judge concerned.

2. We may state a few facts only which have a bearing on the question for decision. The suit out of which this appeal arises was filed by the plaintiff respondent Madanlal against the defendant appellant Samdukhan in the court of the Senior Civil Judge, Merta, on the 11th February, 1953. The suit was for dissolution of partnership and rendition of accounts, and the plaintiff respondent had valued it at Rs. 520/- for purposes of court-fee. The trial court passed a preliminary decree in favour of the plaintiff respondent by its judgment dated the 31st January, 1957. The defendant appellant then filed this appeal against that judgment and decree in this Court on the 13th March, 1957. The appeal was registered in this Court on the same day. The appellant had somehow valued his appeal at Rs. 10,500/- but put in fixed court-fee only. When the matter came for determination of the proper court-fee payable on the appeal in this Court before a Division Bench, the appellant was directed to pay

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