PITLA GANGARAM Vs. STATE

JUDGEMENT

(1.) It is argued for the appellant that under section 602 of the Hyderabad Civil Procedure Code he is entitled to a right of second appeal even on questions of fact. It seems to me, however, that the Andhra Pradesh High Court has not inherited the jurisdiction of the Hyderabad High Court and the Court to which he was entitled to appeal is no longer in existence. That being so, I very much doubt if the contention is sound. But having regard to the fact that the question is one of importance, I think it should be considered by a Bench of this Court. This question will be argued before the second appeal comes up for admission. The matter will therefore be posted before a Bench.

(2.) This second appeal coming on for hearing before a Bench in pursuance of the above order, the judgment of the Division Bench was delivered by Subba Rao, C.J.- This second appeal has been posted before a Division Bench by Bhimasankaram, J., to have a considered decision on the preliminary question whether the appellant has a right to prefer a second appeal on a question of fact under section 602 of the Hyderabad Civil Procedure Code.

(3.) The respondent filed O.S. No. 93/1/1356-F., in the Court of the District Munsif, Armoor, for a declaration that the adoption of the appellant was void and for cancellation of the decree in O.S. No. 22/1/1356-F. On 27th April, 1956, the learned District Munsif decreed the suit with costs. The defendant preferred an appeal against that decree to the Court of the District Judge, Nizamabad/being Appeal No. 36/4 of 1956. On 31 st December, 1956, the said appeal was dismissed by the District Judge. On 2nd April, 1957, the defendant preferred this second appeal under section 602 of the Hyderabad Civil Procedure Code against the decree and judgment of the Court of the District Judge canvassing the correctness of the findings of the learned Judge both on questions of fact as well as on law. If section 602 governs the present appeal, though the decree out of which the second appeal arises was made in a suit filed prior to, but the decree itself was made after the formation of the State of Andhra Pradesh, the appellant would be entitled to a right of appeal on a question of fact also.