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Gainda and anr. Vs. Hazari Lal and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Reported inAIR1928All96; 108Ind.Cas.704
AppellantGainda and anr.
RespondentHazari Lal and anr.
Excerpt:
- .....the appeal was a munsif when the suit was filed and had charge of the suit up to the point of the framing of issues. it is urged here that he was, therefore, disqualified from hearing the appeal. there is no such rule of law. a judge of an appellate court is prohibited from trying an appeal against a decree or order passed by himself as the presiding judge of a court in another capacity under section 38, civil courts act (local no. 12 of 1887). in the present case, however, no decree or order has been passed by the additional subordinate judge. the attention of that judge does not appear to have been called to the fact that he had charge of the proceedings up to the framing of issues, nor was any objection made to his hearing the appeal. under the circumstances there is no ground for a.....
Judgment:

Dalal, J.

1. There is no reason for interference. It appears that the Additional Subordinate Judge who decided the appeal was a Munsif when the suit was filed and had charge of the suit up to the point of the framing of issues. It is urged here that he was, therefore, disqualified from hearing the appeal. There is no such rule of law. A Judge of an appellate Court is prohibited from trying an appeal against a decree or order passed by himself as the presiding Judge of a Court in another capacity under Section 38, Civil Courts Act (Local No. 12 of 1887). In the present case, however, no decree or order has been passed by the Additional Subordinate Judge. The attention of that Judge does not appear to have been called to the fact that he had charge of the proceedings up to the framing of issues, nor was any objection made to his hearing the appeal. Under the circumstances there is no ground for a revision and I dismiss this application with costs.


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