AFR HIGH COURT OF JUDICATURE AT ALLAHABAD Smt. Qamrunnisa And Others …..Appellant(s)

Versus Smt. Tamizan And Others …..Respondents(s)

Counsel for Petitioners(s) : R.U.Ansari Counsel for Respondent(s) : Hari Narayan Singh, Pankaj Kumar Mishra, Rajendra Kumar Srivastava Court No. - 32 HON’BLE SAURABH SHYAM SHAMSHERY, J.

ORAL ORDER

1. Heard Sri R.U. Ansari, learned counsel for appellants. None appeared on behalf of respondents.

2. This is a defendants’ second appeal of the year 1978 and pending for last more than 48 years.

3. Present second appeal was admitted vide order dated 07.04.1979 on substantial questions of law as stated in Grounds No. 1 and 6 of memo of appeal, which are reproduced hereinafter:

“i) Because the provisions of Order 41 Rule 31 C.P.C. are mandatory, the Court below has acted illegally and in excess of its jurisdiction in completely violating the provisions of aforesaid Rule, therefore, the judgment and decree passed by the court below is not sustainable in law.

vi) Because the Valuation of the suit for the purpose of the jurisdiction was fixed Rs. 19,500/-, the learned Munsif where the suit was instituted by the plaintiff could entertain the suit upto valuation of Rs. 50