LAKSHMI NARAIN versus FIRST ADDITIONAL DISTRICT :JUDGE, ALLAHABAD

LAKSHMI NARAIN versus FIRST ADDITIONAL DISTRICT :JUDGE, ALLAHABAD

Under Section 3(1) of the U. P. Civil Laws (Reforms and Amendment) Act, 1954, the High Court alone is competent to hear and decide appeals pending before it prior to the commencement of the Act. The District Court was not competent to hear the appeal, and the High Court erred in transferring the appeal under Section 24 of the Code of Civil Procedure.

Parties
Appellant: Lakshmi Narain; Respondent: First Additional District Judge, Allahabad
Jurisdiction
India
Judgment Date
20 December 1962
Procedural Posture
Civil Appeal / Appeal From the Judgment and Order Dated July 13, 1962, of the Allahabad High Court in Special Appeal No. 82 of 1962
Outcome
Appeal allowed
Legal Topics
Transfer of Appeals, Jurisdiction, Retrospective Operation of Statutes, Interpretation of Statutes
Civil Procedure Transfer of Appeals Jurisdiction Retrospective Operation of Statutes Interpretation of Statutes

Case Brief

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Parties

Lakshmi Narain

Appellant

First Additional District Judge, Allahabad

Respondent

Procedural Posture

Civil Appeal / Appeal From the Judgment and Order Dated July 13, 1962, of the Allahabad High Court in Special Appeal No. 82 of 1962

Legal Issues

  1. 1 Whether under the U. P. Civil Laws (Reforms and Amendment) Act, 1954, a first appeal in a suit decided prior to the enactment, with valuation less than ten thousand rupees, could be transferred from the High Court to the District Court for hearing and disposal.
  2. 2 Whether the District Court was competent to hear such appeals transferred from the High Court after the Act’s commencement.

Ratio Decidendi

Under Section 3(1) of the U. P. Civil Laws (Reforms and Amendment) Act, 1954, the High Court alone is competent to hear and decide appeals pending before it prior to the commencement of the Act. The District Court was not competent to hear the appeal, and the High Court erred in transferring the appeal under Section 24 of the Code of Civil Procedure.

Court Disposition

Appeal allowed

Orders

  • The order of the High Court transferring the appeal to the District or Additional District Judge is set aside.
  • The appeal to be heard by the High Court itself.