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Sundar Das and ors. Vs. Lachman Das - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Case NumberCivil Revn. No. 70 of 1954
Judge
Reported inAIR1957All352
ActsDebt Law; Displaced Persons (Debts Adjustment) Act, 1951 - Sections 25; Code of Civil Procedure (CPC) , 1908 - Sections 3 and 115
AppellantSundar Das and ors.
RespondentLachman Das
Appellant AdvocateRam Lal Anand, Adv.
Respondent AdvocateB.R. Avasthi, Adv.
DispositionApplication dismissed
Excerpt:
civil - debt tribunal whether subordinate court - sections 3 and 115 of code of civil procedure, 1908 - tribunal neither district court nor civil court nor court of small causes - only courts subordinate to high court are those enumerated in section 3 - held, no revision can be entertained by high court against order of tribunal. - .....arose as to whether such a revision did at all he to this court under section 115 of the code of civil procedure. the jurisdiction to deal with proceedings under that act 70 of 1951 is vested in tribunal and not in civil courts. under section 115 of the code of civil procedure, the high court can call for the record of any case which has been decided by any court subordinate to such a high court. section 3 of the code of civil procedure lays down what courts are courts subordinate to the high court for the purposes of the code of civil procedure. that section is to the following effect:--'for the purposes of this code, the district court is subordinate to the high court, and every civil court of a grade inferior to that of a district court and every court of small causes is subordinate.....
Judgment:
ORDER

V. Bhargava, J.

1. This revision arises out of proceedings under the Displaced Persons Debts Adjustment Act 70 of 1951. When this revision, cattle up for hearing, a question first arose as to whether such a revision did at all He to this Court under Section 115 of the Code of Civil Procedure. The jurisdiction to deal with proceedings under that Act 70 of 1951 is vested in Tribunal and not in Civil Courts. Under Section 115 of the Code of Civil Procedure, the High Court can call for the record of any case which has been decided by any court subordinate to such a High Court. Section 3 of the Code of Civil Procedure lays down what courts are courts subordinate to the High Court for the purposes of the Code of Civil Procedure. That section is to the following effect:--

'For the purposes of this Code, the District Court is subordinate to the High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court and District Court.'

2. A Tribunal exercising powers under Act, 70 of 1951 is neither a district court nor a civil court or a court of small causes. Consequently, such a Tribunal is not a court subordinate to the High Court for the purposes of the Code of Civil Procedure. The only courts which are subordinate to the High Court for the purposes of the Code of Civil Procedure are those enumerated in Section 3 of the Code of Civil Procedure and may be such, other courts as may have been made subordinate to the High Court for the purposes of the Code of Civil Procedure by any other enactment.

3. Act 70 of 1951 does not specifically lay down that a Tribunal seized of proceedings under that Act is to be a court subordinate to the High Court for the purposes of the Code of Civil Procedure.

4. Section 25 of that Act merely lays down that the proceedings under that Act are to be regulated by theprovisions contained in the Code of Civil Procedure but do not make the Code of Civil Procedureas a whole applicable to those proceedings. Inthese circumstances, it must be held that a Tribunaldealing with proceedings under the DisplacedPersons Debts Adjustment Act 70 of 1951 is not acourt subordinate to the High Court for the purposes of the Code of Civil Procedure and consequently no revision can be entertained in this Courtunder Section 115 of the Code. The revision failsand is dismissed but I make no order as to costs.The stay order is discharged


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