NEELAM MITTAL Vs. SHEEL KUMAR MITTAL

JUDGEMENT

(1.) The appellant in this case filed an application under Order 33 of the Code of Civil Procedure for being permitted to sue as pauper. The claim made in the application was valued at Rs. 36,250.00. A learned Single Judge of this Court by his order dated July 24, 1969 declined the permission and gave to the present appellant four months time to make up the deficiency in court-fee. It was further ordered that in case the deficient. court-fee was not deposited within the time fixed, the application for permission to sue as a pauper shall stand rejected. The appellant did not deposit the requisite court-fee but instead filed the present appeal.

(2.) This appeal came up before Hardayal Hardy, C.J and myself when it was observed that in view of a decision of this Court in F.A.O.(O.S. 6 of 1968: University of Delhi v. Hafiz Mohd. Said dated March 2, 1972 no such appeal as filed was competent. The learned Counsel for the appellant then urged that the appeal may be treated as one under clause X of the Letters Patent of the Lahore High Court which, he contended, was applicable to the Delhi High Court. As he wanted time to make submissions on this aspect the matter was adjourned. It has now come before us for determination of the question as to whether the appeal can be entertained under clause X of the Letters Patent.

(3.) The Lahore High Court was established and constituted by the Letters Patent dated March 21, 1919 made by George the 5th, then King Emperor of India. These Letters made Patent by the King superseded Act XXIII of 1865 of the Governor General of India in Council by which the Chief Court of Punjab had been established for the then provinces of Punjab and Delhi. The new High Court constituted by the Letters Patent for the provinces of Punjab and Delhi was conferred with Extraordinary Original Civil Jurisdiction (Clause IX), Ordinary Original Criminal Jurisdiction (Clause XV), Extraordinary Original Criminal Jurisdiction (Clause XVII) and various types of appellate jurisdictions. After partition of Punjab in 1947 the East Punjab High Court, later the Punjab High Court continued to be governed by these Letters Patent. The Union Territory of Delhi continued to be under the jurisdiction of the Punjab High Court till October 31, 1966. On this date the Delhi High Court Act, 26 of 1966 came into force and the High Court of Delhi came into existence. By virtue of Section 5 of this Act the High Court of Delhi was declared to have, in respect of the Territories for the time being included in the Union Territory of Delhi, all such original, appellate and other jurisdictions as, under the law in force immediately before October 31, 1966, was exercisable in respect of the said territories by the High Court of Punjab. In addition the High Court of Delhi was also given in respect of the Union Territory of Delhi (and at that time the Union Territory of Himachal Pradesh also) Ordinary Original Civil Jurisdiction in every suit the value of which exceeded Rs. 25,000.00. This jurisdiction was an additional jurisdiction conferred on Delhi High Court and which the Punjab High Court did not possess. By Section 10 of the said Act the powers of judges were defined. It will be advantageous to read this section in extenso. It reads as under: