1. This is a petitioner from under sec. 104 of the constitution of Jammu and Kashmir arises in the following circumstances: -

2. Respondent No. 4 filed a civil suit in the court of District Judge, Jammu which came to be transferred for its disposal in accordance with law to the File of Munsiff, Jammu After trial, the suit was decreed vide judgment and decree dated November, 9-1984. Against the judgment and decree passed by the Munsiff, an appeal was filed by the petitioner before the District Judge which was transferred for disposal to the Addl. District Judge, Jammu. The appeal was registered. During the course of arguments an objection was raised by the decree-holder, respondent No. 4, through his counsel that an appeal against the judgment and decree passed in the suit where valuation is less than Rs. 500/- to the Sub Judge (C.J.M.) and not to the District Judge. This objection was conceded by the petitioner and vide order dated 16-2-1985, the Addl. District Judge, held that the appeal did not lie to that court and that the same "appears to have been transferred to the court by the District Judge due to oversight." The appeal was therefore, sent back to the District Judge for app

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