Mukhal Singh Vs. Kishuni Singh - Court Judgment

Excerpt:
civil procedure code (act v of 1908), section 110 - value of subject-matter of suit, in court of first instance-meant profits subsequent to dale of suit-special leave to appeal granted ex parte-objection to competence of appeal raised at the hearing.;in computing, for purposes of section 110, civil procedure code, 1908, the amount or value of the subject-matter of the suit in the court of first instance, mesne profits accruing subsequent to the institution of the suit cannot be taken into consideration.; gudivada manyamma v. maddi mahalakshmamma (1929) l.r. 57 i.a. 56 : s.c. 32 bom. l.r. 517, followed.; where special leave to appeal is granted by the board ex parte, that does not preclude the board, when the true facts are brought before it, from going into the question of whether the appeal is competent or not, and accordingly it is open to the respondent, at the hearing, to object to the competence of the appeal.;zahid husain v. mohammad ismael (no. 2) (1930) l.r. 57 i.a. 186 : s.c. 32 bom. l.r. 1150, followed. - viscount dunedin, j.1. in this case the question has been raised as to whether the appeal is competent. special leave to appeal was granted on an ex parts application ; but it has been settled in a judgment of this board that that does not preclude the board, when the true facts are brought before it, from going into the question of whether the appeal is competent or not: zahib husain v. mohammad ishmael no. (2 . upon that question the present case seems to be entirely covered by another decision of the board in gudivada mangamma v. maddi makalakshmamma under these circumstances their lordships will humbly advice his majesty that the appeal is incompetent and should be dismissed with costs.