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1953 Supreme(Mad) 102

P.V.RAJAMANNAR, VENKATARAMA AYYAR
Sabella Sababa Reddy – Appellant
Versus
Karri Venkata Reddy – Respondent


Advocates:
O. Chinnappa Reddy and P. Ramakrishna for Petitioners.

Rajamannar, C.J.

The appellant in C.M.A.No.670 of 1949 on the file of this court seeks to file an appeal against the judgment of Mack, J., dated 13th February, 1953, dismissing his appeal. The matter comes up before us on an objection by the Office that the appeal is not maintainable.

It is obvious that an appeal is not maintainable under clause 15 of the Letters Patent. Learned counsel appearing be ore us has not sought to raise any contention on this clause. What he contended was that an appeal would lie under Article 227(1) of the Constitution, which runs as follows:

“Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.”

This provision is a substantial re-enactment of section 107 of the Government of India Act, 1915 and section 15 of the earlier Charter Act. So far as we are aware, this provision has never been understood to confer a right on the High Court as such to interfere with judicial orders and judgments made and passed by individual Judges or Division Benches of the High Court. It cannot be said that a Judge of the High Court disposing of a Civil Miscellaneous Appeal is a Court w



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