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Chinnasami Alias Samba Goundan Vs. A.L. Vr. St. Veerappa Chettiar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai High Court
Decided On
Case NumberCivil Misc. Petn. No. 1819 of 1951
Judge
Reported inAIR1952Mad94; (1951)2MLJ374
ActsSupreme Court Rules - Order 12, Rule 3; Code of Civil Procedure (CPC) , 1908 - Order 45, Rule 7; Constitution of India - Articles 132(1), 133(1) and 135
AppellantChinnasami Alias Samba Goundan
RespondentA.L. Vr. St. Veerappa Chettiar and ors.
Appellant AdvocateD. Ramaswami Iyengar, Adv.
Respondent AdvocateR. Kesava Iyengar, Adv.
Excerpt:
- - as the appellant failed to comply withthe provisions of that order, we hereby cancelthe certificate granted to him......was made to sub-section 109 and 110 of the civil procedure' code,section 109. for 'subject to such rules' substitute 'subject to the provisions in chapter iv of part v of the constitution and such rules', for 'his majesty in council' substitute 'the supreme court' and for 'decree or final order' substitute 'judgment, decree or final order''. section 110. for 'ten thousand' substitute 'twenty thousand' for 'his majesty in council' substitute 'the supreme court'' and for 'decree or final order' substitute ''judgment, decree or final order'. order xlv of the civil procedure code was also suitably amended by substituting the words 'the supreme court' for the words 'his majesty in council'. 5. article 145(1)(b) of the constitution of india empowers the supreme court to make rules as to the.....
Judgment:
ORDER

1. This is an application by the respondent in Section A. No. 2195 of 1946 to cancel the certificate granted to the appellant on 5th April 1950 under Article 132 of the Constitution of India.

2. On a representation made by the appellant in S. A. No. 2195 of 1946, we passed the following order :

'In our view the judgment just delivered involves a substantial question of law within the meaning of Article 132 of the Constitution of India. Leave granted'.

The respondent did not furnish security for the costs before the 'Supreme Court and d_id not deposit the necessary amount for defraying the expenses of printing etc., of the records. He took out an application in the Supreme Court of India for an order dispensing with the furnishing of the security and the printing deposit, and the same was dismissed by that Court. Mr. Ke-sava Aiyangar appearing for the appellant, con-fended that there is no obligation on his client to furnish security or to make the requisite deposit, as Order XLV of the Civil Procedure Code was not amended suitably by the High Court. To put in other words, his argument is that, as the rules now stand, he is entitled to prefer an appeal to the Supreme Court without furnishing the security and also without depositing the requisite charges towards printingetc.

3. On the same day on which the Constitution of India came into force, the President of the Republic of India made the Adaptation of Laws Order, 1950. Section. 3 of the said order reads as follows :

'As from the appointed day, the existing central laws mentioned in the schedules to this order shall, until repealed or amended by a competent legislature or competent authority, have effect Subject to the adaptation and modification directed by those schedules or, if it is so directed, shall stand repealed'.

4. The following amendment was made to Sub-section 109 and 110 of the Civil Procedure' Code,

Section 109. For 'subject to such rules' substitute 'subject to the provisions in Chapter IV of Part V of the Constitution and such rules', for 'His Majesty in Council' substitute 'the Supreme Court' and for 'decree or final order' substitute 'judgment, decree or final order''.

Section 110. For 'ten thousand' substitute 'twenty thousand' for 'His Majesty in Council' substitute 'the Supreme Court'' and for 'decree or final order' substitute ''judgment, decree or final order'.

Order XLV of the Civil Procedure Code was also suitably amended by substituting the words 'The Supreme Court' for the words 'His Majesty in Council'.

5. Article 145(1)(b) of the Constitution of India empowers the Supreme Court to make rules as to the procedure for hearing of the appeals and other matters pertaining to the ap-peals including the time within which appeals. to the Court are entered. Presumably under the said power the Supreme Court framed Rules. Under Order XII (1) of the Supreme Court Rules, subject to any special direction which the Court may give in any particular case, the provisions of Order XLV of the Code, so far as may be applicable and of any rules made for the purpose by the High Court, shall apply in relation to appeals preferred under Article 132(1), 133(1) and 135 of the Constitution. Rule 3 says that where an appellant, having obtained a certificate from the High Court, fails to furnish security or makes the deposit required, that Court may, in its own motion or on an application made in that behalf by the respondent, cancel the certificate and may give such directions as to costs of the appeals and the security entered into by the-appellant as it shall think fit or make such further or other orders as the justice of the case requires.

6. It will be clear from the aforesaid provisions that the Adaptation of Laws Order, 1950made suitable amendments to Sub-section 109 and 110and Order XLV of the Civil Procedure Codeand that the Supreme Court, by virtue of therule making power conferred upon it by theConstitution, in regard to matters portainingto appeals, have made the rules applying theprovisions of Order XLV of the Civil Procedure Code to appeals preferred under Article 132(1), 133(1) and 135 of the Constitution. Wecannot, therefore, accept the argument of thelearned counsel that Order XLV of the CivilProcedure Code not having been amended bythe High Court of Madras has no applicationto appeals preferred to the Supreme Court ofIndia. As the appellant failed to comply withthe provisions of that Order, we hereby cancelthe certificate granted to him. The respondentwill pay the costs of the application to thepetitioner.


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