RADHAVALLABH Vs. RAMANLAL

JUDGEMENT

(1.) THIS application raises a very interesting point of law. The applicants Radhavallabh and Ramlal filed a suit in the Court of the District Judge, Gwalior for a declaration, removal of the defendant and accounts. One issue in that case was as to whether the suit was cognizable by a civil Court. The District Judge decided that the civil Court had jurisdiction to try the suit. Against that decision a revision was filed in the High Court by the defendant. This Court held on 23 -2 -1950 that the Court has no jurisdiction to try the suit. Consequently the plaintiff's suit was dismissed. The plaintiff now has filed this application under Section 23, of the Madhya Bharat High Court Act for the grant of certificate to file an appeal against that order.

(2.) A preliminary objection has been raised by Mr. Shivdayal, who appears on behalf of the non -applicant, that this application cannot be entertained as Section 23 contemplates an application for further appeal only against a decree passed in appeal by a single Judge. Mr. Bhagwandas Gupta who appears for the applicant counters this objection on the ground that the High Court of Judicature Act contemplates only two kinds of jurisdictions, namely, original and appellate and hence revisional jurisdiction must be taken to have been included in the appellate jurisdiction. In support of his argument, he relies on the provisions of Sections 23 and 27 of the Madhya Bharat High Court of Judicature Act. Reliance has also been placed on Chappan v. Moidin Kutti, 22 Mad 68. In order to appreciate the argument fully it is necessary to reproduce the relevant provisions of Sections 23 and 27 of the Madhya Bharat High Court of Judicature Act. Section 23 runs as follows:

(3.) MR . Bhagwandas Gupta in his able argument urges that in section 23 (b) and also in section 27 reference has only been made to the extraordinary original and appellate jurisdiction. Hence revisional jurisdiction which is only a special form of appellate jurisdiction is included in the word 'appellate jurisdiction.' Consequently he is entitled to apply for the grant of certificate under Section 23 of the Madhya Bharat High Court of Judicature Act.