SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1957 Supreme(All) 270

IN THE HIGH COURT OF ALLAHABAD
M. C. Desai and Nasirullah Beg, JJ.
NEW SINGHAL DAL MILL - Appellant
Versus
FIRM SHEO PRASAD JAINTI PRASAD - Respondents
Civil Revn. 867 Of 1957
Decided On : 11/01/1957

Advocates Appeared:
A.BANERJEE, GOPAL BEHARI, K.C.Agarwala, VIRENDRA SWARUP

An amendment to a statute that confers jurisdiction on a court to revise orders of an inferior court applies to all cases, including those instituted or decided before the amendment came into force, unless the amendment provides otherwise.

Headnote:

SMALL CAUSE COURTS ACT - SECTION 25 - AMENDMENT - REVISION OF DECREE - JURISDICTION - DISTRICT JUDGE - HIGH COURT - APPLICABILITY - RIGHT TO APPLY FOR REVISION - VESTED RIGHT - DISCRETIONARY JURISDICTION - RETROSPECTIVE EFFECT.

Fact of the Case:

The applicant filed an application for revision under Section 25 of the Small Cause Courts Act, challenging a decree passed by a Court of Small Causes. However, before the application was filed, the U.P. Provincial Small Cause Courts (U.P. Amendment) Act (No. 17 of 1957) was passed, which amended Section 25 by substituting the words "the District Judge" in place of the words "the High Court". The question arose whether the application for revision could be filed in the High Court or whether it should have been filed in the District Judge's Court.

Finding of the Court:

The court held that the application for revision could not be filed in the High Court and should have been filed in the District Judge's Court. The court found that the amendment to Section 25 was in force at the time the application was filed and that it applied to all cases, including those instituted or decided before the amendment came into force. The court further held that a suitor does not have a vested right to apply for revision and that the revisionary jurisdiction of the High Court is discretionary. Therefore, the amendment to Section 25 did not affect any vested right of the applicant.

Issues: 1. Whether the application for revision could be filed in the High Court or whether it should have been filed in the District Judge's Court. 2. Whether the amendment to Section 25 of the Small Cause Courts Act had retrospective effect.

Ratio Decidendi: 1. The court held that the amendment to Section 25 of the Small Cause Courts Act was in force at the time the application for revision was filed and that it applied to all cases, including those instituted or decided before the amendment came into force. The court further held that a suitor does not have a vested right to apply for revision and that the revisionary jurisdiction of the High Court is discretionary. Therefore, the amendment to Section 25 did not affect any vested right of the applicant. 2. The court held that the amendment to Section 25 of the Small Cause Courts Act did not have retrospective effect because it did not provide that as at a past date the law shall be taken to have been that which it was not.

Final Decision: The court dismissed the application for revision, holding that it could not be filed in the High Court and should have been filed in the District Judge's Court.

M. C. DESAI, J.


( 1 ) THIS is an application for revising under Section 25 of the Small Cause Courts Act a decree passed by a Court of small causes. The decree was passed on 27-4-1957 in a suit instituted in 1956 in the Court of Small Causes. Section 25 of the Small Cause Courts Act as it then existed laid down that the High Court for the purposes of satisfying itself that a decree or order made in any case decided by a Court of small causes was according to law, might call for the case and pass such order with respect thereto as it thought fit. The U. P. Legislature passed the Provincial Small Cause Courts (U. P. Amendment) Act (No. 17 of 1957), which amended Section 25 by substituting the words "the District Judge" in place of the words "the High Court", "himself" for the word "itself" and "he" for "it". The U. P. Act received the Presidents assent on 30-5-1957 and was published in the Gazette of 4-6-1957. It was to come into force at once; so it came into force on 4-6-1957. The present application was filed in this Court on 27-7-1957 and a preliminary objection has been raised by the opposite party to its maintainability. The opposite party pleads that after the amendment of Section 25 no application for revision can be filed in this Court and that this application ought to have been filed in the Court of the District judge. In reply it was contended by the applicant that on the date on which the suit was instituted and on the date on which it was decreed against it, an application for revision could have been filed in this Court and that the right of the party to file an application in this Court remained unaffected by the subsequent amendment. It is not in dispute that if the case is governed by the law in force on the date on which the application was filed, it could not be filed in this Court and ought to have been filed in the district Judges Court and that if it is governed by the law in force at the time of the institution of the suit or at the time of its being decreed, the application would lie in this Court. The amendment Act does not say anything, about its effect or enforcement except that it was to come into force at once. The obvious meaning of the Act coming into force on 4-6-1957, the date of its publication, is that on and after that date the District Judge has the power of calling for a case decided by a court of Small Causes and revising a decree or order made by it. There is nothing in the amendment Act to suggest that it would not apply to a case instituted or decided before it came into force and it would not be open to us to read any such qualification in it. The law in force on 27-7-1957 was that he District Judge had the power to revise the order and there was no law in force under which this Court would have the power. Previously this Court had the power, but it was taken away by the Amendment Act before the application was filed.

( 2 ) ALL the law governing the question is contained in Section 6 of the U. P. General Clauses Act. It deals with the effect of repeal of Acts. Admittedly it does not deal expressly with the effect of amendment of an Act, but there is no other law which lays down the effect of amendment of an act. It cannot be believed that the Legislature provided for the effect of repeal of Acts but did not make any provision for amendment of Acts. Amendment of an Act is certainly not an uncommon or unimportant matter which need not be provided for; I venture to suppose that amendment of an Act is more frequent than repeal of an act. The question of the effect of an amendment is not different from that of the effect of repeal of an Act and is certainly as important as tbe other. If it cannot be accepted that the Legislature did not provide for the effect of amendment of an Act, the effect must have been provided for in section 6. Amendment of an Act consists of two steps,


(1) of repeal of the provision amended and (2) of enactment of the provision in the amended form. Take the amendmen















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top