JUDGMENT

RANGANATH MISRA, J.:— This appeal by certificate from the Calcutta High Court assails the affirming judgment of the Division Bench upholding the dismissal of a writ petition challenging the vires of the Calcutta City Civil Court Act (21 of 1953) and its later amendment on the ground of want of legislative competence of the State Legislature. The City Civil Court Act (Act for short), empowered the State Government to establish a Civil Court to be called the City Civil Court and under S. 5 thereof the local limits and the jurisdiction of the City Civil Court was to be the city of Calcutta. Sub-sec. (2) of S. 3 provided :

"Subject to the provisions of sub-sections (3) and (4), the City Civil Court shall have jurisdiction and the High Court shall not have jurisdiction to try suits and proceedings of a civil nature not exceeding Rs. 10,000/- in value."

The value of Rs. 10,000/- was later enhanced to Rs. 50,000/- and again to Rs. 1 lakh. The appellant moved the Calcutta High Court for a declaration that the Act was ultra vires the State Legislature. It was contended that Parliament alone had the legislative competence to make law affecting the jurisdiction of the High Court. The l