GAYA SINGH Vs. RAM PIARI

JUDGEMENT

(1.) THIS is an application in revision against an order amending a decree passed by the Judicial committee of the Banaras State.

(2.) THE plaintiffs-oppositoparties sued for possession over plot No. 381 comprising 1 bigha 6 biswas in area, situated in village Sarai Jagdish, as well as over certain other plots situated in village Birnai. The suit was decreed by an order dated 18-2-1946, by the Civil Judge of Gyanpur in the Banaras State. By some, error the decree did not mention plot No. 381 at all, and mentioned the other plots which were situated in Birnai as being situated in Sarai Jagdish. There was an appeal against the decree, and the Chief Judge of the Banaras State Chief Court allowed the appeal and set aside the decree; but this order of the Chief Judge of Banaras State Chief Court was upset by the Judicial committee of the Benaras State and the trial court's decree was restored. Nobody noticed the error in the decree during all this time.

(3.) THEN in 1949, the Benaras State was merged in the province of Uttar Pradesh and, under the banaras State (Abolition of Privy Council and Chief Court) Order of 1949, the Judicial committee of the Banaras State was abolished as also the Chief Court of Banaras, and certain provisions regarding cases pending in the Judicial Committee were made in the Order. They were to stand removed to this Court. A Full Bench, decision of this Court reported in Ram sarup v. Mahadeo Pathak AIR 1951 All 234 (A) interpreted this Order and held that the High, court of Uttar Pradesh was not empowered to entertain fresh appeals and other proceedings arising out of the decision of the Chief Court or the Judicial Committee, and that the order related only to proceedings pending on 30-11-1949.