Shivdayal, J.

1. This revision is directed against an order of the Third Additional District Judge, Gwalior, directing the appeal of the revision-petitioner to be returned to him for presentation to proper Court.

2. That appeal was from a preliminary decree dated December 5, 1966 passed by the Third Civil Judge Class II, Gwalior. The appeal was addressed to the Third Additional District Judge. This appeal was presented on February 23, 1967 to the "Clerk of the Court." The Clerk of the Court sent the appeal to the Third Additional District Judge.

3. The value of the appeal as put by the appellant was Rs. 500, although the value of the suit was Rs. 3000.

4. It is not in dispute that according to the Distribution memo issued by the District Judge the Court of the Third Additional District Judge was competent to hear an appeal the value of which was Rs. 3000. Paragraph 7 of the memo of appeal read thus :-

5. The Third Additional District Judge, by order dated 13-9-68, held that the appeal had been undervalued. The appellant then, by amending his memo of appeal, enhanced the value of the appeal from Rs. 500 to Rs 3000 and paid ad-valorem court-fee on the difference.

6. When this was done