1. As far as the facts are concerned, we expressed our opinion at the hearing that we saw no reason to differ from the finding of the Subordinate Judge. It was however contended that the case was one which the District Munsiff had jurisdiction to try, inasmuch as the value of the share sought to be recovered and not the value of the entire property should be taken to be the value for the purpose of determining the jurisdiction of the District Munsiff. Following the cases cited, vie., Khausa Bibi v. Syed Abba I.L.R. 11 M. 140 and Venkatarama v. Meera Labbai I.L.R. 18 M. 275 we must uphold this contention, for here as in those cases the plaintiff and the defendant do not stand in the relation of coparceners to each other.
2. The question was then raised on behalf of the respondent whether, notwithstanding thaj the District Munsiff had jurisdiction to try the case, the Subordinate Judge had not concurrent jurisdiction, or whether, if he had no jurisdiction, the case did not come within the provisions of the Suits Valuation Act. With regard to the first of these points there is authority for the 'plaintiff ; it having been held as well in Calcutta as in the N.W. Provinces, that though as a matter of procedure suits below a certain value ought to be instituted in the Court of the District Munsiff, the Subordinate Judge still has jurisdiction to try them. In bur opinion there is great force in the arguments in support of this view. But in the present case it is unnecessary for us to decide the point, because.assurmng that the Subordinate Judge had no jurisdiction we think that Section 11 of the Suits Valuation Act is applicable, and we certainly do not think that the over-valuation of the suit has prejudicially affected the* disposal of the suit. It is argued that the section is intended to apply only in cases where the over-valuation or under-valuation is due to a mistake in estimating the value of the subject matter and does not apply to cases like the present in which there has been a mistake in principle. But what the section provides for is the ' over-valuation or under-valuation of a suit or appeal, ' and there is nothing to show that any distinction should be made according as the mistake was made in one way or another. The present case is certainly within the mischief of the Act and we see no reason for holding that its provisions are not applicable. It is competent therefore to us to dispose of the appeal, as if there had been no defect of jurisdiction in the Lower Court, and accordingly having considered the case on its merits, we dismiss the appeal with costs.
NOTE--As to subject matter of the suit See per contra Nagamma v. Subba I.L.R. 11 M. 197, also compare Hikmat Ali v. Walunnissa I.L.R. 12 A. 506 and Boidya Nath Adya v. Makhan Lai Adya I.L.R. 17 0. 680. See the case last cited as to Section 11 of the Suits Valuation Act and S.A. 671 of 1890.