CHHITARMAL versus M/S, SHAH PANNALAL CHANDULAL

CHHITARMAL versus M/S, SHAH PANNALAL CHANDULAL

A certificate under Article 133(1)(a) cannot be granted as the claim in the court of first instance did not reach Rs. 20,000. Article 133(1)(b) is also not applicable because the appeal does not involve a claim or question respecting property in addition to or other than the subject-matter; the judgment concerns only the money claimed.

Parties
Petitioner: Chhitarmal; Respondent: M/s Shah Pannalal Chandulal
Jurisdiction
India
Judgment Date
14 January 1965
Procedural Posture
Special Leave Petition (civil) / Petition for Special Leave to Appeal to Supreme Court
Outcome
Petition dismissed with costs.
Legal Topics
Appeals, Grant of Certificate Under Article 133
Civil Procedure Constitutional Law Appeals Grant of Certificate Under Article 133

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Parties

Chhitarmal

Petitioner

M/s Shah Pannalal Chandulal

Respondent

Procedural Posture

Special Leave Petition (civil) / Petition for Special Leave to Appeal to Supreme Court

Legal Issues

  1. 1 Whether petitioner is entitled to a certificate for appeal to Supreme Court as a matter of right under Article 133(1)(b) of the Constitution of India.

Ratio Decidendi

A certificate under Article 133(1)(a) cannot be granted as the claim in the court of first instance did not reach Rs. 20,000. Article 133(1)(b) is also not applicable because the appeal does not involve a claim or question respecting property in addition to or other than the subject-matter; the judgment concerns only the money claimed.

Court Disposition

Petition dismissed with costs.

Orders

  • Petition for special leave is dismissed.