Skip to content


Hansman Jha and anr. Vs. Bahuji Jha - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in34Ind.Cas.203
AppellantHansman Jha and anr.
RespondentBahuji Jha
Excerpt:
civil procedure code (act, v of 1908), order xlv, rule 5 - investigation as to amount or value of subject-matter of suit, who can hold. - .....as to the amount or value of the subject-matter of the suit in the court of first instance. the subordinate judge has sent back his report, but he has not proceeded as the rule requires. the rule does not empower the court of first instance to remit the investigation to some other officer, it must be carried out by that court.2. the result in this case has been very unsatisfactory because the subordinate judge purports to have acted on an admission, the precise character of which we do not know except that it seems to be an admission made for the purpose of meeting the difficulty as to the value of the appeal and no more.3. the case must go back to the subordinate judge in order that he may himself make the enquiry as is required by rule 5, order xlv, and submit his report on the.....
Judgment:

1. In this case a reference has been made to the Court of first instance under Rule 5, Order XLV of the Code of Civil Procedure, for the purpose of settling a dispute as to the amount or value of the subject-matter of the suit in the Court of first instance. The Subordinate Judge has sent back his report, but he has not proceeded as the rule requires. The rule does not empower the Court of first instance to remit the investigation to some other officer, it must be carried out by that Court.

2. The result in this case has been very unsatisfactory because the Subordinate Judge purports to have acted on an admission, the precise character of which we do not know except that it seems to be an admission made for the purpose of meeting the difficulty as to the value of the appeal and no more.

3. The case must go back to the Subordinate Judge in order that he may himself make the enquiry as is required by Rule 5, Order XLV, and submit his report on the evidence produced before him.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //