VISHNU AWATAR ETC. versus SHIV AUTAR AND ORS.

VISHNU AWATAR ETC. versus SHIV AUTAR AND ORS.

Section 3 of the Code of Civil Procedure (U.P.) Amendment Act, 1978 precludes revision to the High Court under Section 115 CPC from a District Court's appellate order if the suit value is less than Rs. 20,000/-, except when the District Court makes an original decision; the Allahabad High Court's interpretation was correct.

Parties
Petitioner: Vishnu Awatar etc.; Respondent: Shiv Autar and Ors.
Jurisdiction
India
Judgment Date
02 May 1980
Procedural Posture
Special Leave Petition (civil) / Dismissed
Outcome
Petitions dismissed
Legal Topics
Revisional Jurisdiction, High Court Powers, District Court Powers, U.p. Code of Civil Procedure Amendment, Access to Justice, Judicial Hierarchy
Civil Procedure Revisional Jurisdiction High Court Powers District Court Powers U.p. Code of Civil Procedure Amendment Access to Justice Judicial Hierarchy

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Parties

Vishnu Awatar etc.

Petitioner

Shiv Autar and Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Dismissed

Legal Issues

  1. 1 Whether Section 3 of the Code of Civil Procedure (U.P.) Amendment Act, 1978 precludes revision to the High Court under Section 115 of CPC from judgments/orders by the District Court in appeals where the suit value is less than Rs. 20,000/-

Ratio Decidendi

Section 3 of the Code of Civil Procedure (U.P.) Amendment Act, 1978 precludes revision to the High Court under Section 115 CPC from a District Court's appellate order if the suit value is less than Rs. 20,000/-, except when the District Court makes an original decision; the Allahabad High Court's interpretation was correct.

Court Disposition

Petitions dismissed

Orders

  • Special Leave Petition Nos. 9945, 10550, and 8857 of 1979 dismissed; District Court's appellate order is final for cases below Rs. 20,000/- as per Section 3 of the U.P. Amendment Act.