JUDGMENT : BANERJI, J.:— In this application for revision the applicant prays that the order of the Court below returning the memorandum of appeal filed in that Court be set aside. We have considered the facts of the case, and we think the Court below was right. The suit brought by the plaintiffs was valued at an amount exceeding Rs. 10,000. In the plaint, the plaintiffs asked for two reliefs, the second of which was valued at Rs. 4,485-15-0. After issues were settled, the plaintiffs filed a petition withdrawing their claim so far as it related to the first relief. The case was tried as regards the other branch of the claim. The suit having been dismissed, the plaintiffs applied to the District Judge in the belief that as the value of the second relief claimed was below Rs. 5,000, the appeal lay to the District Judge. Section 21 of Act No. XII of 1887 provides that an appeal from a decree of the Subordinate Judge shall lie to the District Judge where the value of the original suit in which the decree was made did not exceed Rs. 5,000 and to a High Court in any other case. The value ‘of the original suit in this case exceeded Rs. 5,000. Although the plaintiffs did not choose to proceed with a part of the claim, the suit as brought was a suit the value of which exceeded Rs. 10,000. Consequently an appeal from the decree made in the suit lay to this Court and not to the Court of the District Judge. The Court below was therefore right in returning the memorandum of appeal presented to it. We accordingly dismiss this application for revision with costs, including fees on the higher scale.