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1970 Supreme(All) 242

JAGDISH SAHAI, YASHODA NANDAN
Paras Nath Tewari – Appellant
Versus
Bhaiya Lal – Respondent


Advocates appeared:
Daya Saran Sinha and S. C. Khare, Advocates, for the Applicant; G. C. Dwivedi, Advocate, for the opposite Party

JUDGMENT

Jagdish Sahai, J. - By means of this application it is prayed that the petitioner Paras Nath Tewari be allowed to add the ground given below to the application under Article 133 (1) (c) of the Constitution of India made by him for a certificate that the case is fit one for appeal to the Supreme Court of India :

"Because the judgment and the order dated 30th October, 1969 by the Division Bench consisting of Hon'ble Mr. Justice Jagdish Sahai and Hon'ble Mr. Justice Yashoda Nandan in the writ petition is without jurisdiction inasmuch as at the material time the work allotted to the Bench was to receive the application under Article 226 of the Constitution other than} in the nature of Habeas Corpus for admission and the work of final disposal of the said applications was allotted to another Hon'ble Judge of the Court sitting alone."

This ground admittedly and clearly is not taken amongst those taken in the application under Article 133 (1) (c) of the Constitution of India nor was this plea raised before the Bench which decided the writ petition.

2. All writ petitions in this Court are moved before a Division Bench. The writ petition giving rise to this application was moved by B

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