( 1 ) A preliminary objection has been raised that this appeal should not have been filed in this court and should have been filed in the Court of the learned District Judge. The plaintiff filed an application under Section 12, U. P. Agriculturists Relief Act for redemption of a large number of mortgages. The suit was decreed in part. Under Section 23, U. P. Agriculturists Relief Act an appeal against such a decree lies to the Court to which original decrees passed by such Courts are ordinarily appealable and where such decrees are appealable to more Courts than one, to the court of lowest jurisdiction. Section 21, Bengal, Agra and Assam Civil Courts Act (Act 12 of 1887) provides that

"an appeal from a decree or order of a Subordinate Judge (in this state Civil Judge) shall lie (a) 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 (b) to the High Court in any other case. " It is, therefore, clear that an appeal from a decree of a civil Judge would lie to the District Judge or to the High Court according to the valuation of the suit. Section 23,