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HIGH COURT OF NAGPUR
Gruer
SUA BAI – Appellant
Versus
ANANDILAL AND OTHERS – Respondent
Miscellaneous Civil Case No. 15 of 1936
Decided on : 15-02-1936
Gruer - Letters Patent - Appeal under clause 10 of the Letters Patent rejected as no appeal lies against a judgment passed before the High Court of Judicature at Nagpur was constituted
Fact of the Case:
The applicant sought to appeal under clause 10 of the Letters Patent against an order passed before the High Court of Judicature at Nagpur was constituted.
Finding of the Court:
The court found that no appeal lies against a judgment passed before the High Court of Judicature at Nagpur was constituted, as the Judicial Commissioner's Court had no power to entertain Letters Patent Appeals.
Issues: The issue was whether an appeal under the Letters Patent at all lies against a judgment passed before the High Court of Judicature at Nagpur was constituted.
Ratio Decidendi: The court interpreted section 31 of the Central Provinces Courts Act and clause 35 of the Letters Patent to conclude that no appeal lies against judgments delivered previous to the constitution of the present High Court.
Final Decision: The application for a certificate under clause 10 of the Letters Patent was rejected as untenable for the reason that no appeal lies.
Gruer—This purports to be an application for a certificate under clause 10 of the Letters Patent. The applicant wishes to appeal under that clause against my order passed as Additional Judicial Commissioner on the 9th December 1935 in Miscellaneous Appeal no. 25-B of 1934.
2. I have heard learned Counsel for the applicant on the question whether an appeal under the Letters Patent at all lies against a judgment passed before the High Court of Judicature at Nagpur was constituted. The learned Counsel relies on section 31 of the Central Provinces Courts Act as amended in 1935. That section reads :--
In every enactment in force on the date on which the High Court of Judicature at Nagpur is established and in every appointment order, rule, byelaw notification or form made or issued thereunder, all reference to the Court of the Judicial Commissioner, Central Provinces, shall be construed, when necessary, as referring to such High Court.
3. This, however, does not help the applicant, as the Judicial Commissioner's Court had no power to entertain Letters Patent Appeals and so there can be no substitution of the High Court in place of the Judicial Commissioner's Court with regard to it.
4. Again, reference is made to clause 35 of the Letters Patent, which deals with proceedings which were pending in the Judicial Commissioner's Court and says that they shall be continued and concluded in the High Court. A review application arising out of this suit was pending when the change took place and is still pending and may be proceeded with, but clearly a Letters Patent appeal could not in any case have been pending as it could not have been instituted then. Clause 10 of the Letters Patent deals with appeals against judgments of one Judge of the High Court or of one Judge of any Division Court and I am clear that it has no application to judgments delivered previous to the constitution of the present High Court,
5. The application is therefore rejected as untenable for the reason that no appeal lies.
Final Result : Dismissed
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