Donepudi Subramanyam vs Nune Narasimham And Ors. on 14 November, 1928
In Subramanyam v. Narasimham, 56 M. L. J. 489; (A. I. R. (16) 1929 Mad. 323) an objection was taken in a subsequent suit that the appeal in an earlier suit under Order 21, Rule 63, Civil P. C. filed in the District Court and the second appeal thereon were all incompetent as the first appeal had been filed in the District Court though the amount of the decree under which the attachment was effected was over Rs. 5,000. Wallace J. while repelling that contention has no doubt observed without any discussion of the case law that the valuation for purposes of the appeal was the value not of the decree but of the property sought to be recovered to satisfy the debt; and the latter was within the appellate jurisdiction of the District Court. But the point has really been disposed of by him on the ground that as no objection as regards the valuation had been taken in the earlier appeal in the District Court, the same could not be allowed to be heard under the provisions of the Suits Valuation Act and specially so in a collateral proceeding.