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1976 Supreme(All) 259

Allahbad High Court
YASHODANANDAN,R.B.MISRA,H.N.SETH,S.B.MALIK,T.S.MISRA
Ram Lakhan Saran - Appellant
Versus
The Sunni Central Board of Waqf U.P., Lucknow - Respondent
Decided On : 08/04/1976

Advocates:
S.P. Srivastava, S.P. Gupta, J. Swarup, G.H. Verma, B.B. Paul, T.P. Asthana and S.C. Khare, for Appellant; V.K. Misra, H.N. Tilahani, R.S. Dubey, D. Mukherji, G.N. Kunjru, G.L. Tripathi and Standing Counsel, for Respondents.

Headnote:

CIVIL PROCEDURE - Appeal - Maintainability - Appeal against order appointing receiver of certain properties situated in Ayodhya - District of Faizabad lies within jurisdiction of Lucknow Bench of Allahabad High Court - Appeal not maintainable before Division Bench at Allahabad - Amalgamation Order, 1948, para 14 - Interpretation.

Fact of the Case:

Appeal against order appointing receiver of certain properties situated in Ayodhya, district Faizabad. Appeal was filed in Allahabad High Court. Division Bench hearing the appeal observed that the appeal was not maintainable in view of the Supreme Court decision in Nasiruddin v. State Transport Appellate Tribunal, (AIR 1976 SC 331) inasmuch as the district of Faizabad lies within the jurisdiction of the Lucknow Bench of this Court. The Division Bench, being of the view that the question involved was of considerable importance, desired that the matter be laid before a Full Bench for an authoritative pronouncement on it.

Finding of the Court:

The Chief Justice of the new High Court had the power to determine only once the territorial jurisdiction of Lucknow Bench and had no power to determine it from time to time. If he thought that he had the power to go on passing the orders with regard to it and did pass orders accordingly, that would render the subsequent orders invalid inasmuch as he did not possess such power, but that misapprehension of the scope of his power to modify or amend, it, would not render the original order void inasmuch as it was within the scope of his power and not beyond it.

Issues: Whether the appeal was maintainable before the Division Bench at Allahabad.

Ratio Decidendi: The Chief Justice had the requisite power to determine the territorial jurisdiction of the Bench sitting at Lucknow vide para, 14 of the Amalgamation Order. In exercise of that power he passed an order on 26th July, 1948. That order in so far as it specified the whole area of Avadh for the exercise of jurisdiction by the Judges of this Court sitting at Lucknow was perfectly valid and in accordance with law.

Final Decision: Appeal sent to the Bench of this Court sitting at Lucknow to have it registered there and deal with it further in accordance with law.

Judgement

T. S. MISRA, J.:- This appeal is directed against an order passed by the Civil Judge Faizabad appointing a receiver of certain properties situated in Ayodhya, district Faizabad. The appeal was filed in this Court at Allahabad. It was urged before the Division Bench hearing the appeal that the appeal was not maintainable in view of the Supreme Court decision in Civil Appeal No. 1940-41 of 1972 (Nasiruddin v. State Transport Appellate Tribunal), (AIR 1976 SC 331) inasmuch as the district of Faizabad lies within the jurisdiction of the Lucknow Bench of this Court. The Division Bench, being of the view that the question involved was of considerable importance, desired that the matter be laid before a Full Bench for an authoritative pronouncement on it. That is how the matter has come up before this Full Bench.

2. Notices were accordingly issued to the parties concerned as well as the Presidents of Allahabad High Court Bar Association and Avadh Bar Association, and to the Advocate-General who have intervened in this appeal and made their submissions.

3. It is a matter of history that the territory comprising of twelve districts i.e., Lucknow, Faizabad, Sultanpur, Rae Bareli, Pratapgarh, Bara Banki, Gonda, Bahraich, Sitapur, Kheri, Hardoi and Unnao were brought under the British Crown within the jurisdiction of the Court of Judicial Commissioner of Avadh at Lucknow, per Government order dated 4th February, 1856. About 69 years later, the U. P. Oudh Courts Act was passed in the year 1925, whereby the Chief Court of Oudh was established replacing the Judicial Commissioner's Court, having a Chief Judge and four puisne Judges. Again, in 1937 by the Government of India, Adaptation of Indian Laws Order, 1937 a provision was made for appointment of Judges under the Government of India Act, 1935 for the Chief Court of Oudh. Two more additional Judges were thus appointed. Similarly a High Court of Judicature was established at Allahabad exercising its jurisdiction in the remaining districts of United Provinces of Agra and Avadh. Subsequently, the United Provinces High Court Amalgamation Order, 1948, for short, 'the Amalgamation Order' was promulgated under Section 229 of the Government of India Act, 1935. The Amalgamation Order came into effect on the appointed day i.e., 26th July, 1948, and it was from this appointed day that the High Court of Judicature at Allahabad and the Oudh Chief Court at Lucknow constituted one High Court by the name "High Court of Judicature at Allahabad", hereinafter referred to as the "new High Court". This new High Court had its seats at Allahabad and Lucknow. The Amalgamation Order required the Chief Justice of the new High Court to direct the areas in Avadh which would be within the jurisdiction of the Lucknow Bench. The Chief Justice of the new High Court passed an order No. 6103 dated 26th July, 1948, in the following terms:

"In exercise of the powers conferred by Art.14 of, the United Provinces High Courts (Amalgamation) Order, 1948, the Chief Justice of the High Court of Judicature at Allahabad is pleased to direct that as from the 26-7-1948 until further order, the Bench of the High Court at Lucknow shall exercise the jurisdiction and power vested under the said order in the High Court in respect of cases arising in the whole of Avadh."

Again, on 14th December, 1948, the Chief Justice passed another order reading as follows:-

"In exercise of the powers conferred by Article 14 of the United Provinces High Courts (Amalgamation) Order, 1948 and in partial modification of the Court's notification No. 6103 dated July 26, 1948, the Chief Justice of the High Court of Judicature at Allahabad is pleased to direct that with effect from January 3, 1949, the Bench of the High Court at Lucknow shall not exercise jurisdiction and power in respect of cases arising within the local limits of the jurisdiction of the District and Sessions Judge, Faizabad.

Provided that nothing herein contained shall affect the jurisdicti








































































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