1. This is an application by the Plaintiffs (who were Respondents) for leave to appeal to the Supreme Court against the judgment of this Court in First Appeal No. 59 of 1941 decided on 25th September 1947.

2. The present suit was filed by one Ganpatsao against his brother Dhanpatsao for partition of certain joint family properties. Both Ganpatsao and Dhanpatsao are now dead and are represented by their legal representatives. In the present application the applicants value the proposed appeal at Rs. 28,000. They state that the subject matter of the suit was above Rs. 10,000 in the lower Court, They claim that the valuation being above Rs. 10,000 in the suit and above Rs. 28,000 in appeal to the Supreme Court, and the decision of the High Court being a reversing one, leave ought to be granted to them.

3. In the plaint the Plaintiff Ganpatsao made no attempt to value four items in respect of which partition was sought. The Defendant drew attention to this fact in his written statement dated 14th Jane 1939 and stated that the value of that property exceeded Rs. 10,000.

4. Assuming this to be a fact the value of the Plaintiff's share would come to Rs. 13,960. It would thus appear t