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1958 Supreme(All) 79

A. P. SRIVASTAVA, O. H. MOOTHAM, R. DAYAL
UNION OF INDIA (UOI) – Appellant
Versus
CHHEDA LAL RAM AUTAR – Respondent


Advocates Appeared:
AMICUS CURIAE, G.N.VARMA, HAR GOVIND DAYAL, J.Swarup, S.B.Chaudhary

O. H. MOOTHAM, CJ.

( 1 ) THIS is an unusual application made in the following circumstances:

( 2 ) ON 22-12-1956, a decree in a civil suit was passed against the Union of India by the Civil judge of Barabanki. The District of Bara-banki is an area in Oudh over which a Bench of this court sitting at Lucknow exercises, by virtue of Clause 14 of the United Provinces High Courts (Amalgamation) Order, 1948, and a direction made by the Chief Justice thereunder, the jurisdiction and power for the time being vested in the High Court, and in the ordinary course the memorandum of appeal which the applicant proposed to prefer against the judgment of the Civil judge of Barabanki would have been filed before that Bench. By inadvertence the memorandum of appeal was presented to the Court at Allahabad, and the Joint Registrar directed notice of the appeal to issue to the respondents. Upon the mistake being discovered the appellant filed the application which is now before us in which he prays that this Court may be pleased to declare that the memorandum of appeal was rightly filed at Allahabad or, in the event of the Court taking the view that the memorandum of appeal should have been filed before


































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