M. N. SHUKLA, J. :- This is a defendants appeal presented along with an application under S. 5 read with Section 14 of the Limitation Act. It arises out of a suit valued at Rs. 29,617.10, which was decreed by the trial Court on 2-6-1975. Aggrieved by the decree the defendant-appellant filed an appeal on 4-8-1975 in the court of the District Judge, Varanasi, which was registered as Civil Appeal No. 495 of 1975. As early as 19/20-11-1975, the plaintiff moved an application praying that the appeal be rejected on the ground that in view of the valuation of the original suit mentioned above, the appeal lay to the High Court. The said objection was ordered to be put up for orders on 22-1-1975. On that date the present appellant moved an application No. 160, asking for 15 days time for replying to that objection. The case was adjourned to 6-12-1975 on which date again the Court passed an order directing the objection 15 (c) to be put up on 3-1-1976. It appears that on that date, respondent No. 3 (a co-defendant) also filed an objection saying that the Court in which the appeal had been filed was possessed of jurisdiction to hear the same and the appeal was not required to be fil