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1958 Supreme(All) 95

A. P. SRIVASTAVA, O. H. MOOTHAM
DEOKI NANDAN – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
K.C.SAKSENA

O. H. MOOTHAM, CJ.

( 1 ) THIS is an application for leave to appeal to the Supreme Court from an order of an appellate bench of this Court dated 25-10-1957, dismissing an appeal from an order of the Court on its original side rejecting a petition under Article 226 of the Constitution. It is common ground that the order of this Court involves directly or indirectly a claim respecting property of a value much in excess of Rs. 20,000 and the applicant contends that he is entitled an of right to a certificate under Article 133 (1) of the Constitution. This claim is resisted by the respondents on the ground that as the order of this Court on its appellate side affirmed the decision of the Court on its original side, it is necessary for the Court further to certify that the appeal involves some substantial question of law; and that no such question arises.

( 2 ) NOW Clause (1) of Article 133, so far as is material for the present purpose, reads thus :

"133 (1) An appeal shall lie to the Supreme Court from any judgment, decree or final order. . . . . of a High Court. . . . . if the High Court certifies : (a ). . . . . (b ). . . . . (c ). . . . . and, where the judgment, decree or final ord













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