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Sadar Singh Kondari Vs. Amar Singh Kondari - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in71Ind.Cas.991a
AppellantSadar Singh Kondari
RespondentAmar Singh Kondari
Excerpt:
civil procedure code (act v of 1908), section 115 - jurisdiction, revisional--high court of kumaun, wheter subordinate to high court of allahabad. - 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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