MANNAN LAL Vs. CHHOTAKA BIBI DEAD

JUDGEMENT

(1.) In this appeal by certificate granted by the Allahabad High Court the only question is, whether Special Appeal No. 880 of 1962 of that Court was maintainable in view of the provisions of the U. P. Act XIV of 1962 abolishing such appeals.

(2.) The said Act styled the U. P. High Court (Abolition of Letters Patent Appeals) Act came into force on 13th November, 1962. Section 3 of the Act provided as follows:

(3.) The memorandum of appeal in Special Appeal No. 880 of 1962 was presented in the High Court on 9th November, 1962. There was some doubt as to whether the Court-fee paid in respect of the memorandum at the date of its presentment was sufficient. Ultimately however a Bench of the High Court directed the payment of additional court-fee and on that being done the memorandum was accepted and registered in January 1963. The question before us is whether there was an appeal pending before the High Court on 12th November, 1962, i.e., the date immediately preceding the date of enforcement of the above U. P. Act.