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Amar Singh Kondari Vs. Sadar Singh Kondari - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported in(1923)ILR45All383
AppellantAmar Singh Kondari
RespondentSadar Singh Kondari
Excerpt:
civil procedure code, section 115 - revision--subordinate court--high court of kumaun not such subordinate court. - piggott, j.1. i hold that the high court of kumaun is not a court subordinate to this high court for purposes of revisional jurisdiction under the code of civil procedure. there is a special procedure provided by statute, in accordance with which the local government can, upon cause being shown to its satisfaction refer to this court for opinion any judgment or order passed by the kumaun high court. it cannot have been the intention of the legislature that it should be left open to any dissatisfied litigant in kumaun to evade these provisions by coming direct to this court with a petition invoking its revisional jurisdiction. i reject this application.
Judgment:

Piggott, J.

1. I hold that the High Court of Kumaun is not a court subordinate to this High Court for purposes of revisional jurisdiction under the Code of Civil Procedure. There is a special procedure provided by statute, in accordance with which the Local Government can, upon cause being shown to its satisfaction refer to this Court for opinion any judgment or order passed by the Kumaun High Court. It cannot have been the intention of the Legislature that it should be left open to any dissatisfied litigant in Kumaun to evade these provisions by coming direct to this Court with a petition invoking its revisional jurisdiction. I reject this application.


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