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1933 Supreme(Lah) 282

Uttam Chand – Appellant
Versus
Vishan Das, Bhagwan Das – Respondent


JUDGMENT

1. The plaintiffs sued for dissolution of partnership and for accounts. Ultimately, on 18th May 1925, they obtained a final decree against the defendants for. Rs. 10,042-6-6. Hari Ram preferred an appeal against this decree to the extent of Rupees 4,941-5-3 to the District Judge on 13th July 1925. The memorandum of appeal was returned to him later on by the District Judge for presentation in the proper Court. Thereupon the memorandum of appeal was presented in this Court on 7th August 1926.

2. A preliminary objection was taken at the hearing that the appeal was barred by limitation and that there was no sufficient ground for extending the period within which the appeal should have been presented in this Court. There has never been any doubt as to the law in the Punjab. In an account suit it has always been held that it is the value of the amount decreed that determines the Court of appeal. As the amount decreed was over Rs. 10,000 the appeal, therefore lay to this Court. The appellant shelters himself behind the plea that he consulted counsel who presented the memorandum of appeal to the District Judge. This Court has always held that a legal adviser's mistake to justify ext

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