Inayat Husain vs Bashir Ahmad - 1932 Supreme(All) 296

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1932 Supreme(All) 296

SEN
Inayat Husain – Appellant
Versus
Bashir Ahmad – Respondent

JUDGMENT

Sen, J. - On 10th August 1929 plaintiff instituted a suit in the Court of the Munsif of Bareilly for dissolution of partnership, rendition of accounts and partition of certain immovable property. He also prayed for the appointment of a receiver. He stated in para. 15 of his plaint:

For purposes of jurisdiction and payment of court-fee, the suit has been valued at Rs. 2,500 but a further court-foe would be paid within the period allowed by the Court on such additional amount as is found due to the plaintiff against the defendant at the time when the decree is passed.

2. The Munsif had jurisdiction to entertain suits up to the value of Rs. 4,000' Where the value of the subject-matter in dispute exceeded Rs. 4,000, the proper forum for the suit was the Court of the Subordinate Judge of Bareilly. The defendants contested the correctness of the value put by the plaintiff and contended that the plaintiff had intentionally undervalued his claim and that the property in dispute was worth more than Rupees 10,000. There being a contest regarding the value of the suit, the Court amin was directed to submit a report as to the valuation of the property. His report was that the value of th

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