BALKISHAN Vs. SHRILAL

JUDGEMENT

(1.) This Order shall govern the two appeals, When the two appeals under Order XLIII, Rule l(r) of the Code of Civil Procedure, for short the 'Code', came up for hearing on admission, a question arose: Whether an appeal permitted under S. 104 of the Code against an order passed in a suit, value of which exceeds Rs. 50,000/-, is to be heard by a Judge sitting alone under clause (b) of Rule 1 of Chapter I of S. 1 of the High Court Rules and Orders in Madhya Pradesh, for short, the 'Rules' or is to be heard by a Division Bench?

(2.) On this question we heard Shri Balwant Singh and Shri A.M. Naik, counsel for the parties in M.A. No. 96 of 1993; Shri H.D. Gupta, Deputy Advocate General for appellant in M.A. No. 157/1993, and Shri R.D. Jain, amicus curiae.

(3.) Shri J. P. Gupta, Senior Advocate; Shri M.K. Jain, Shri K.K. Lahoti, Shri K.L. Mangal, Shri S.S. Bansal and Shri V.K. Sharma, Advocates, also addressed the Court.