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1969 Supreme(All) 46

V. G. OAK, SATISHCHANDRA, A. K. KIRTY
Behari Lal – Appellant
Versus
Keshri Nandan – Respondent


Advocates:
A. Banerji, for Appellants.

Judgement

OAK, C. J. :- These are two execution First appeals. Initially, they came up on 11-2-1969 for admission before a Division Bench of this Court. It was noticed that in each case valuation of the appeal and valuation of the suit in which the appeal arose was below Rs. 20,000. By Act No. 35 of 1968, which came into force on 2-12-1968, appellate jurisdiction of District Judges has been raised to Rs. 20,000. The question, therefore, arose whether these appeals lie to the High Court or to the District Court. It was urged for the appellants that in spite of the passing of Act No. 35 of 1968, these appeals lie to the High Court. In support of this contention, two reasons were advanced on behalf of the appellants. Firstly, it was argued that Act No. 35 of 1968 is unconstitutional. Secondly, even if it is assumed that the Act is constitutional, the present appeals are not governed by Act No. 35 of 1968. These questions are of great importance. The two appeals were, therefore, referred to a Full Bench.

2. Facts, which are relevant on the question of jurisdiction, are these. Execution first appeal No. 32 of 1969 arises out of original suit No. 12 of 1957. Valuation of the suit was Rs. 1
















































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