SETH GULAB CHAND versus SETH KUDILAL AND ANOTHER

SETH GULAB CHAND versus SETH KUDILAL AND ANOTHER

Section 25 of the Act, read with s. 2(b), applies retrospectively to proceedings mentioned, including proceedings arising after the inclusion of States and before the Act, so the right of appeal to the Full Bench is available from a Divisional Bench judgment irrespective of the judgment date. The Full Bench judgment was incorrect in denying such right of appeal.

Parties
Appellant: Seth Gulab Chand; Respondents: Seth Kudilal and Another
Jurisdiction
India
Judgment Date
28 March 1958
Procedural Posture
Civil Appeal / Appeal From the Judgment and Decree of the Former Madhya Bharat High Court at Indore in Special Appeal No. 5 of 1949, Arising Out of Civil First Appeal No. 61 of 1948
Outcome
Appeal allowed
Legal Topics
Retrospective Operation of Statutes, Right of Appeal, Jurisdiction of High Courts
Statute Interpretation Civil Procedure Retrospective Operation of Statutes Right of Appeal Jurisdiction of High Courts

Case Brief

Summary, issues, holding and outcome

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Parties

Seth Gulab Chand

Appellant

Seth Kudilal and Another

Respondents

Procedural Posture

Civil Appeal / Appeal From the Judgment and Decree of the Former Madhya Bharat High Court at Indore in Special Appeal No. 5 of 1949, Arising Out of Civil First Appeal No. 61 of 1948

Legal Issues

  1. 1 Whether s. 25 of the United State of Gwalior, Indore and Malwa (Madhya-Bharat) High Court of Judicature Act, VIII of 1949, has retrospective operation?
  2. 2 Whether a right of appeal to the Full Bench lies from a Divisional Bench judgment passed before the Act came into force?

Ratio Decidendi

Section 25 of the Act, read with s. 2(b), applies retrospectively to proceedings mentioned, including proceedings arising after the inclusion of States and before the Act, so the right of appeal to the Full Bench is available from a Divisional Bench judgment irrespective of the judgment date. The Full Bench judgment was incorrect in denying such right of appeal.

Court Disposition

Appeal allowed

Orders

  • Decree of the Full Bench of the High Court is set aside.
  • Case remitted to the High Court of Madhya Pradesh to be decided on the merits.