Sardar Singh vs Chhotey Lal - 1939 Supreme(All) 68

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1939 Supreme(All) 68

BENNET
Sardar Singh – Appellant
Versus
Chhotey Lal – Respondent

JUDGMENT

Bennet, J. - This is a first appeal from order brought by Rai Bahadur Ch. Sardar Singh against a decree of Mr. Hamilton passed on 30th March 1937. Objection has been taken that no appeal lies to this Court. The appellant before us was elected as a chairman of the District Board of Moradabad and the opposite party made an application against that election. u/s 35-C, U.P. District Boards Act of 1922, the Local Government appointed Mr. Hamilton to decide the matter. The point taken is that Mr. Hamilton was a persona designata and not a Civil Court under the Civil Courts Act, and as he was not a Civil Court no appeal lies to the High Court. On the other hand, it is argued that Mr. Hamilton was a District Judge and that an appeal will lie from his decree because he was actually a District Judge. The wording of the Section 35-C, Sub-section (1) is as follows:

When the question is raised by a petition preferred to the Local Government by an elector entitled to vote in any of the circles of a board, or by any member of the board, whether the chairman of a board has been duly elected or nominated under the provisions of Section 35 or Section 35-B, the Local Government shall, without

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