( 1 ) THIS appeal was filed on 10-7-1948, against the judgment and decree of the civil Judge, bahraich dated 9-2-1948, dismissing the plaintiffs suit. An application was made (civil Misc. Appln. No. 883 of 1960) on 16-8-1950, by the respondents challenging the maintainability of the appeal in this Court and praying that the preliminary point about jurisdiction should be decided first in order to save time and cost to parties The ground of the application is that the plaintiffs suit was ore for partition of three pies share out of sixteen annas. The entire property was valued in the plaint at Rs. 23,000 and the plaintiffs share at Rs. 359-6-0. In view of the valuation put by the plaintiff on his claim for partition the appeal, according to the respondents contention, lay to the District Judge and not to this Court. Reliance is placed upon the provisions of Section 4, suits Valuation (United Provinces Amendment) Act No. VII [7] of 1939. That section lays down that certain suits including a suit under VI A of Section 7, Court fees Act, 1870, which is a suit for partition, shall be valued for the purposes of jurisdiction at the market value of the property involved in