Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | (Reforms· and Amendment) Act 1954 U. P. Civil Laws |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Transfer of Appeal - Power of High court - Enhancement of Jurisdiction of District Court - Transfer of first appeal pending in High Court to District Court - Validity - Power of District Court to hear the appeal - Code of Civil Procedure, 1908 (Act V of 1908) s.24 (1) (a) - U.P Civil Laws, (Reforms and Amendment) Act, 1954 (U.P. 24 of 1954), s.3(1) The U. P. Civil Laws (Reforms and Amendment Act, 1954, amended s. 21 (I) (c) ·of the Bengal, Agra and Assam ·Civil Courts Act, 1837, so as to enable the District Courts to 'hear first appeals valued up to Rupees ten- thousand and by · s. 3 (I) provided that any proceeding instituted, or commenced in "any court prior to the commencement of this Act; shall, not withstanding any amendment herein made continue to be heard and decided by such Court. The appellant brought a suit in the Civil Judges Court for possession of certain properties. That suit was dismissed on November 27, 1951. He preferred a first appeal to. the High Court on February 3,1952. That appeal; was transferred under s. 24 (I) (a) of the Code of Civil procedure by the Chief justice in Chambers and without notice to the parties, to the District Judge of Allahabad for hearing. The appellant appeared before that Court and raised a preliminary objection as to the jurisdiction of that court to hear the appeal.. The objection was over-ruled. The appellant moved the · High Court . under Art. 226. · Single judge who heard the petition dismissed it in limine relying on a decision of the Division Bench. Appeal· against the decision was summarily dismissed by the Division Bench. |
Judge | Honble Mr. Justice Bhuvneshwar Prasad Sinha |
Neutral Citation | 1962 INSC 390 |
Petitioner | Lakshmi Narain |
Respondent | First Additional District Judge, Allahabad |
SCR | [1964] 1 S.C.R. 362 |
Judgement Date | 1962-12-20 |
Case Number | 784 |
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