LAKSHMI NARAIN Vs. FIRST ADDITIONAL DIST J ALLAHABAD

JUDGEMENT

(1.) When we had finished the hearing of the case on December 13, 1962, we intimated to the parties that the appeal was allowed and that our reasons would follow.

(2.) The only question for determination in this appeal is whether under the provisions of the U.P. Civil Laws (Reforms and Amendment) Act (U.P. XXIV of 1954) - which hereinafter will be referred to as the Act a first appeal in a suit decided prior to the enactment of the Act, involving a valuation of less than ten thousand rupees could be transferred for hearing and disposal to a District Judge or Additional District Judge. The First Additional District Judge, Allahabad, is the 'first respondent in this appeal and appeared through counsel at the hearing. The other respondents, who were the respondents in the main appeal, have not entered appearance and apparently are not interested in the result of this appeal.

(3.) In order to bring out the points in controversy between the parties it is necessary to State the following facts. The appellant, as plaintiff, instituted Suit No. 7 of 1949 in the Court of the Civil Judge, Mathura, for possession of certain properties, on January 26, 1949, against respondents 2 and 3. That suit stood dismissed on November 27, 1951. The unsuccessful plaintiff preferred a first appeal to the High Court of Judicature at Allahabad, and it was numbered First Appeal No. 37 of 1952. The First Appeal aforesaid remained pending in the High Court from February 8, 1952, when it was instituted, until April 23, 1952, when it was notified to the parties that the appeal had been transferred to the Court of the District Judge, Allahabad, for hearing. His order was passed by the learned Chief Justice in Chambers, under S. 24 (1)(a) of the Code of Civil Procedure, on his own motion without notice to the parties concerned. The order of the Chief Justice is in these terms: