Sardar Singh vs Chhotey Lal - 1939 Supreme(All) 67

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1939 Supreme(All) 67

BENNET
Sardar Singh – Appellant
Versus
Chhotey Lal – Respondent

JUDGMENT

Bennet, J. - This is a civil revision by Rai Bahadur Kr. Sardar Singh judgment-debtor against R.B.B. Chhotey Lal decree-holder. The facts of this case have been set out in our order in F.A.F.O. No. 167 of 1937 Reported in Sardar Singh Vs. Chhotey Lal, AIR 1940 All 193 between the same parties. Mr. Hamilton as a special officer designated by the Local Government u/s 35 C of the U.P. District Boards Act of 1922 made a decree awarding the decree-holder opposite party Rs. 4007-12-0. This decree was sent to the Collector of Moradabad and he transferred it to an Assistant Collector. Before the Assistant Collector certain objections were taken to the execution of the decree. It was contested that the application was a nullity and that the Court had no power to entertain it. The Assistant Collector held that he had no power to go behind the decree passed by a tribunal appointed by the Government and he ordered that execution proceedings should proceed. Objection is taken that no civil revision lies to this Court. Learned counsel for the applicant relied on Section 253, Agra Tenancy Act, (Act 3 of 1926). This Section provides:

The High Court may call for the record of any suit or ap

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