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Gaya Rai and ors. Vs. Lalji Rai and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Case NumberFirst Appeal No. 502 of 1943
Judge
Reported inAIR1953All579
ActsDebt Law; Uttar Pradesh Agriculturists Relief Act, 1934 - Sections 12 and 23; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 21
AppellantGaya Rai and ors.
RespondentLalji Rai and ors.
Appellant AdvocateKanhaya Lal Misra, Adv.
Respondent AdvocateJanaki Prasad, Adv.
Excerpt:
civil - debt - sections 12 and 23 of u.p. agriculturist's relief act, 1934 - plaintiff filed an application under section12 for redemption of a large number of mortgages - suit decreed in part - held, where appeal lies to two courts then court of lowest jurisdiction will be entitled to entertain the appeal. - - as the appeal was not entertainable by this court we think the best course would be to direct that the memorandum of appeal be returned to learned counsel and we order accordingly......appeal should not have been filed in this court and should have been filed in the court of the learned district judge. the plaintiff filed an application under section 12, u. p. agriculturists' relief act for redemption of a large number of mortgages. the suit was decreed in part. under section 23, u. p. agriculturists' relief act an appeal against such a decree lies to the court to which original decrees passed by such courts are ordinarily appealable and where such decrees are appealable to more courts than one, to the court of lowest jurisdiction. section 21, bengal, agra and assam civil courts act (act 12 of 1887) provides that 'an appeal from a decree or order of a subordinate judge (in this state civil judge) shall lie- (a) to the district judge where the value of the original.....
Judgment:

Malik, C.J.

1. A preliminary objection has been raised that this appeal should not have been filed in this Court and should have been filed in the Court of the learned District Judge. The plaintiff filed an application under Section 12, U. P. Agriculturists' Relief Act for redemption of a large number of mortgages. The suit was decreed in part. Under Section 23, U. P. Agriculturists' Relief Act an appeal against such a decree lies to the Court to which original decrees passed by such Courts are ordinarily appealable and where such decrees are appealable to more Courts than one, to the Court of lowest jurisdiction. Section 21, Bengal, Agra and Assam Civil Courts Act (Act 12 of 1887) provides that

'an appeal from a decree or order of a Subordinate Judge (in this state Civil Judge) shall lie-

(a) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed five thousand rupees, and

(b) to the High Court in any other case.' It is, therefore, clear that an appeal from a decree of a Civil Judge would lie to the District Judge or to the High Court according to the valuation of the suit. Section 23, U. P. Agriculturists' Relief Act provides that where appeals lie to two Courts, then it is the Court of lowest jurisdiction which will be entitled to entertain the appeal, and it, therefore, appears to us quite clear that the appeal should have been filed in the Court of the learned District Judge.

2. The period of limitation for filing the appeal in the lower Court was only 30 days, but the appeal was filed in this Court beyond 30 days. It is however not necessary for us to consider whether the lower Court would or would not condone the delay. As the appeal was not entertainable by this Court we think the best course would be to direct that the memorandum of appeal be returned to learned counsel and we order accordingly. The respondent is entitled to his costs.

3. Learned Advocate-General has prayedthat the memorandum of appeal be returnedto him today, but we do not know whether itis possible. The memorandum of appeal shallbe returned to him at a very early date.


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