RAMASWAMI CHETTIAR Vs. RAMANATHAN CHETTIAR

JUDGEMENT

(1.) THIS is an application for leave to appeal to the Supreme Court. The judgment of the High Co art was delivered on 1 -12 -1948. On 19 -4 -1949, the application for leave to appeal to the Federal Court was filed under Sections 109, 110 and Order 45, Rule 2, Civil P. C., and Section 3 of Act I [1] of 1948. By the decree of the High Court, the judgment of the Subordinate Judge was reversed. Admittedly, the value of the subject -matter in the suit as well as on appeal to the Federal Court was more than Rs. 10,000. But for the Constitution of India, the applicant had a right to appeal to the Federal Court under Sections 109 and 110, Civil P. C., subject to a certifi -cate under Order 45, Civil P. C., to the effect that the requirements of Section 110 were complied with. The learned counsel for the respondent, based his objection mainly on the ground that as the subject -matter was below Rs. 20,000 no appeal lay to the Supreme Court under Article 137 of the Constitution of India (hereinafter referred to as the Constitution). The relevant provisions of the Code may be extracted : 'Section 109. Subject to such rules as may, from time to time, be made by His Majesty in Council regarding appeals from the Courts of British India and to the provisions hereinafter contained, an appeal shall lie to His Majesty in Council - (a) from any decree or final order passed on appeal by a High Court or by any other Court of final appellate jurisdiction ; (b) from any decree or final order passed by a High Court in the exercise of original civil jurisdiction ; and (c) from any decree or order, when the case, as hereinafter provided, is certified to be a fit one for appeal to His Majesty in Council. Section 110. In each of the cases mentioned in Clauses (a) and (b) of Section 109, the amount or value of the subject -matter of the suit in the Court of first instance must be ten thousand rupees or upwards, and the amount or value of the subject -matter in dispute on appeal to the His Majesty in Council must be the same sum or upwards, or, the decree or final order must involve, directly or indirectly, some claim or question to or respecting property of like amount or value, and where the decree or final order appealed from affirms the decision of the Court immediately below the Court passing such a decree or final order, the appeal must involve some substantial question of law. Order 45 Rule 3. (1) Every petition shall state the grounds of appeal and pray for a certificate either that, as regards amount or value and nature, the case fulfils the requirements of Section 110, or that it is otherwise a fit one for appeal to His Majesty in Council.: (2) Upon receipt of such petition, the Court shall direct notice to be served on the opposite party to show cause why the said certificate should not be granted. Rule 6. Where such certificate is refused, the petition shall be dismissed. Rule 8. Where such security has been furnished and deposit made to the satisfaction of the Court, the Court shall - (a) declare the appeal admitted, (b) give notice thereof to the respondent, (c) transmit to His Majesty in Council under the seal of the Court a correct copy of the said record, except as aforesaid, and (d) give to either party one or more authenticated copies of any of tho papers in the suit on his applying therefor and paying the reasonable expenses incurred in preparing them.'

(2.) THE relevant provisions from the Con -stitution are extracted below : 'Article 132 (1). An appeal shall lie do the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, if the High Court certifies that the case involves a substantial question of law as to the interpretation of this Constitution. (2) Where the High Court has refused to give such a certificate, the Supreme Court may, if it is satisfied that the case involves a substantial question of law as to the interpretation of this Constitution, grant special leave to appeal from such judgment, decree or final order. (3) Where such a certificate is given, or such leave is granted, any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided and, with the leave of the Supreme Court, on any other ground. Explanation: For the purposes of this article, the expression 'final order' includes an order deciding an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case. Article 133. (1) An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India if the High Court certifies - (a) that the amount or value of the subject -matter of the dispute in the Court of first instance and still in dispute on appeal was and is not less than twenty thousand rupees or such other sum as may be specified in that behalf by Parliament by law; or (b) that the judgment, decree or final ordar involves directly or indirectly some claim or question respecting properly of the like amount or value; or (c) that the case is a fit one for appeal to the Supreme Court; and where the judgment, decree or final order appealed from affirms the decision of the Court immediately below in any case other than a cape referred to in Sub -clause (o), if the High Court further certifies that the appeal involves some substantial question of law; (2) Notwithstanding anything in Article 332, any party appealing to the Supreme Court under Clause (1) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this Constitution has been wrongly decided. (3) Notwithstanding anything in this article, no appeal shall unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court. 'Article 134. (1) An appeal ehall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court - (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or (c) certifies that the case is a fit one for appeal to the Supreme Court: Provided that an appeal under Sub -clause (o) shall He subject to such provisions as may be made in that behalf under Clause (1) of Article 145 and to such conditions as the High Court may establish or require; (2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law. Article 135. Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of Article 133 or Article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law. 'Article 374 (3): All suits, appeals and proceedings, civil or criminal, pending in the Federal Court at the commencement of this Constitution shall stand removed to the Supreme Court, and the Supreme Court shall have jurisdiction to hear and determine the same, and the judgments and orders of the Federal Court delivered or made before the commencement of this Constitution shall have the same force and effect as if they had been delivered or made by the Supreme Court.'

(3.) A combined reading of the provisions brings out the following salient features: (i) The Supreme Court is now made the final authority both in civil and criminal proceedings; the jurisdiction of the Privy Council and the Federal Court ceases with commencement of the Constitution and all appeals and other proceedings pending in those Courta are transferred to the Supreme Court; (2) in civil proceedings for the purpose of an appeal the pecuniary value of the subject -matter was raised from Rs. 10,000 to 20,000 presumably in view of the present enhanced value of the property; and (3) Article 135 saves the right of appeal in respect of any matter not covered by Articles 133 and 134 of the Constitution if jurisdiction and powers were exercised by the Federal Court in relation to that matter immediately before the commencement of the Constitution.