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1906 DIGILAW 24 (CAL)

Lala Bhugwat Sahay v. Rat Pashupati Nath Bose

1906-02-13

body1906
JUDGMENT Maclean, C.J. - This is an application for leave to appeal to His Majesty in Council. The Subordinate Judge gave a decree for partition, but this Court reversed that decree and dismissed the suit. The Plaintiff now desires to appeal. The judgment against which it is sought to appeal being one of reversal, the only question is whether the value of the subject-matter in dispute amounts to Rs. 10,000. The Respondents say it does not. This is dependent upon whether or not, for the purposes of determining the value, the value of the whole estate sought to be partitioned, or the value only of the Plaintiff's share is the true criterion. 2. We think that for the purposes of valuation within sec. 596 of the CPC the value of the subject-matter of the suit is the value the whole of the estate which it is sought to partition, and not merely of the particular share which one of the parties may claim.