Real value of subject-matter governs leave to appeal; prior valuation binds only after adjudication or true election.

For leave to appeal under Article 133, entitlement depends on the real value of the subject-matter, not merely the valuation stated in the plaint or memorandum of appeal. A party is not automatically bound by an earlier valuation used for court-fee or appeal purposes, because a mistaken valuation does not by itself settle the question of value. Departure from that valuation is barred only where a prior judicial adjudication attracts res judicata, or where the party made a true election between valuations and secured an advantage or caused detriment to the opposite side. In the absence of such circumstances, the real value may be proved.

---

---

Issues: Whether, for the purpose of determining entitlement to leave to appeal under Article 133 of the Constitution, a party may go behind the valuation adopted in the plaint or memorandum of appeal and show the real value of the subject-matter, and whether such party is barred by res judicata, estoppel, or the doctrine of approbate and reprobate.

Analysis: The right of appeal under Article 133 depends on the real value of the subject-matter and not merely on the valuation stated by a party. A mistaken valuation does not by itself conclude the question of value. A party may be precluded from departing from an earlier valuation only where there has been a judicial adjudication attracting res judicata, or where the party had a choice between two valuations and obtained an advantage, or caused detriment to the opposite party, by adopting one of them. Mere adoption of a valuation for court-fee or appeal purposes, without such adjudication or advantage, does not create an absolute bar.

Conclusion: A party may go behind the valuation earlier adopted and prove the real value of the subject-matter, except where res judicata applies or where the party, by electing one valuation, secured an advantage or caused detriment to the other side.

Ratio Decidendi: For purposes of Article 133, the controlling factor is the real value of the subject-matter, and an earlier valuation binds a party only if it has been judicially determined or if the party is precluded by a true election after deriving advantage from the adopted valuation.

---