UNION OF INDIA Vs. MANMULL JAIN

JUDGEMENT

(1.) In these three applications, the Union of India prays for this Court's permission to prosecute three appeals in place of the Percepteur and Municipal Reserveur of Chandemagore. The Percepteur issued on 2-8-1951, "Commandments" upon the respondents-opposite parties for payment of certain sums of money, who thereupon filed "oppositions" calling upon the Percepteur to appear before the Subordinate Judge. Finally, the Subordinate Judge dismissed the three miscellaneous cases started on the three "oppositions". The respondents-opposite parties filed appeals against the decisions of the Subordinate Judge to the District Judge, Chander-nagore, and on 16-6-1952 the appeals were allowed by the learned District Judge.

(2.) Against this, three memoranda of appeals were filed on 9-9-1952 by the Union of India. The applications for permission to continue the appeals were filed on the same date.

(3.) Before, however, any orders were passed on the applications, the appeals were placed for hearing under Order 41, Rule 11, Civil P. C., before a Bench of this Court, and the Court unaware of the fact that the Union of India, which had preferred the appeals, was not a party to the appeals before the District Judge, ordered the second appeals to be heard. Some time after this, the applications to prosecute the appeals in this Court came up for hearing before the Registrar and the Registrar passed orders granting the prayers.