MUNICIPAL COUNCIL KHANDWA Vs. SANTOSHKUMAR

JUDGEMENT

(1.) THE question referred for consideration of the Full Bench is:-- "whether a revision lies from an order passed by the District Judge under Section 139 (5) of the M. P. Municipalities Act, 1961. " This order shall also dispose of the connected Civil Revisions Nos. 779, 781 and 783 of 1972.

(2.) SUB-SECTIONS 139 (11 to (5) of the M. P. Municipalities Act, 1961, are as under:--

(3.) IT is clear that, revisional power is conferred not upon any special Tribunal or Authority constituted under this statute but on an established Court i. e. . to the Court to which appeals against the decision of such Civil Judge ordinarily lie, which is the Court of the District Judge, under the M. P. Civil Courts Act, 1958. In exercising the revisional power under this section, the revisional authority functions as a Court and not as a persona designata inasmuch as the jurisdiction is conferred under the Act on the Court itself. In Central Talkies Ltd. v. Dwarka Prasad, AIR 1961 SC 606, a persona designata has been denned as a person who is pointed out or described as an individual as opposed to a person ascertained as a member of a class or as filling a particular character. In this case the Supreme Court has approved the Full Bench decision of Madras High Court in Parthasaradhi Naidu v. Koteshwara Rao, AIR 1924 Mad 561 that "personae designate are persons selected to act in their private capacity and not in their capacity as Judges".