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Issues: Dispute over rendition of accounts and jurisdictional issues regarding filing of appeal.
Analysis: 1. The case involved a dispute between two firms, where Firm Kaura Mal-Bishan Das alleged that it had entered into transactions with Firm Mathra Das-Atma Ram and brought a suit for rendition of accounts. The trial court found that the relationship between the parties was that of a seller and buyer, not principal and agent, and dismissed the suit for rendition of accounts. 2. The plaintiff appealed to the Senior Subordinate Judge, but a preliminary objection was raised regarding the jurisdiction of the court. The appeal was returned for filing in the Court of the District Judge. However, when the appeal was filed before the Additional District Judge, it was found to be barred by limitation due to lack of formal application under Section 5 of the Indian Limitation Act. 3. The plaintiff contended that the appeal was correctly filed in the Senior Subordinate Judge's Court and argued for an extension of time under Section 5 of the Limitation Act. The defendant argued that the trial court had determined the value of the suit to be higher, justifying an appeal in the District Judge's Court. 4. The High Court judge analyzed the jurisdictional issues and found that the trial court's order did not precisely determine the value of the suit for jurisdictional purposes. The judge held that the value for jurisdiction remained at Rs. 200 as the suit for accounts was dismissed, and the appeal should have been heard by the Senior Subordinate Judge. 5. The judge further emphasized that discretion under Section 5 of the Limitation Act should have been exercised in favor of the appellant, despite the absence of a formal written application, to advance the cause of justice. Citing precedents, the judge highlighted that the material on record should not be ignored for procedural reasons. 6. Consequently, the judge allowed the appeal, remanding the case to the Senior Subordinate Judge for further proceedings. The judge also noted the delay in filing the revision and ordered the appellant to pay costs to the respondent before the appeal could be heard in the Senior Subordinate Judge's Court.
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