GULZARI LAL Vs. SWADESHI MILLS LTD

JUDGEMENT

(1.) This judgment will dispose of two applications. Civil Miscellaneous No. 291C of 1950 and 292C of 1950, for leave to appeal to the Supreme Court against two judgments and decrees of my learned brother Soni, J., and myself.

(2.) Civil Miscellaneous No. 291C of 1950 is directed against our judgment in Regular First Appeal No. 411 of 1940. which was an appeal by the Swadeshi Mills Ltd. of Bombay against Gopal Rai Gulzari Mal of Delhi and was with regard to a claim for the recovery of Rs. 5,115/2/3 which had been decreed in favour of Firm Gopal Rai Gulzari Mal against the Swadeshi Mills Limited of Bombay and which decree was reversed by the decree passed in this Court. Civil Miscellaneous No. 202C of 1950 is against our judgment in Regular First Appeal No. 412 of 1946. Tata Mills Limited of Bombay v. Gopal Rai Gulzari Mal of Delhi in Which the amount involved was Rs. 9,827/9/3 and the decree passed in favour of the firm by the Subordinate Judge was reversed on appeal in this Court.

(3.) The points involved in both the applications are the same and therefore they are being disposed of by one judgment. It is submitted by the learned counsel for the petitioner that the petitioner firm, Gopal Rai Gulzari Mal, have got some cases pending in the Subordinate Judge's Court and if we add the amounts involved in those cases to the amounts involved in the present applications the subject-matter of appeal will be more than Rs. 10,000/- and he, therefore, submits that as the judgments of this Court are judgments of variance he is, under Section 110 of the Code of Civil Procedure, entitled, as a matter of right, to go in appeal to the Supreme Court, because the decree indirectly involves claim or question to or respecting property of more than Rs. 10,000/-. With this submission, J am unable to agree. According to Section 110, Civil Procedure Code, before the Constitution a person could go, as a matter of right, in appeal to the Federal Court if the subject-matter of the suit in the Court of the first instance was Rs. 10,000/- or over and the amount of the subject-matter in dispute on appeal was also the same. In the present cases, there is no doubt that the subject-matter of suit was in the one suit about Rs. 5000/- and in the other about Rs. 9,800/-. So, the first condition is not fulfilled even if the petitioner is entitled to rely on Section 110, Civil Procedure Code, as it was before the coming into operation of the Constitution.