KESAVARAPU VENKATESWARLU Vs. SREEDHARALA SATYANARAYANA

JUDGEMENT

(1.) This appeal does not exceed Rs. 7,500 in value. It is objected by Mr. B.V.Subrahmanyam, the learned advocate for the appellants, that the appeal not having been referred to a Bench by a single Judge under Rule 1 of the Appellate Side Rules, cannot be heard by us. The question raised is one which is, in our opinion, of considerable importance. We may also note that several cases of this character have been disposed by Division Benches. We, therefore, desire to refer the following two questions to a Full Bench :

(2.) The following questions have been referred to us :- (1) Is a Bench of two Judges competent to hear a first appeal not exceeding Rs. 7,500 in value when it is not referred to it by a single Judge under Rule 1 of the Appellate Side Rules ? (2) In any case, what is the effect of the hearing of such an appeal by a Bench without objection having been taken by the parties to such hearing ? The answer to these questions depends on the construction of Rules 1 and 2 of the Appellate Side Rules of the High Court which, so far as they are now relevant, run as follows :-

(3.) It was sought to be argued for the respondent that the Appellate Side Rules have been framed for administrative convenience and are in the nature of domestic rules regulating the internal management of the business of the High Court and should not be construed as if they were statutory provisions conferring or taking away jurisdiction. For the appellant it was argued that the appellate Side Rules having been made by the High Court under statutory authority took effect as if they were part of the statute and should be construed in the same manner.