GUDDU MAL Vs. AMIN CHAND

JUDGEMENT

(1.) This is an application by Guddu Mal and Thunia Mal under Articles 132 and 133 of the Constitution for the grant of a certifi- cate to enable them to appeal to the Hon'ble the Supreme Court against the order of this Court dated 14-11-1952 dismissing their revision petition.

(2.) The respondent Amin Chand obtained against them a decree for Rs. 6,000/odd from the Court of the District Judge at Koti on 29-6-1948. The present petitioners, as defendants in that suit, filed an appeal against the decree on 30-91948 in this Court. The then Judicial Commissioner, who was also invested with the powers of a Judicial Committee under the States Courts Act, 1943, transferred the appeal to himself as Judicial Committee by an order dated 17-5-1949, acting under a notification of the Chief Commissioner dated 14-1-1949, and decided it as such on 24-5-1949, recommending to the Chief Commissioner that the appeal be dismissed. The Chief Commissioner, acting on that recommendation, dismissed the appeal on 8-6-1949.

(3.) On 15-10-1949 the present petitioners filed a suit in the Court of the Senior Subordinate Judge Mahasu for a declaration that the order of this Court dated 175- 1949 and the proceedings subsequent thereto, including the dismissal order of the Chief Commissioner dated 8-6-1949, were without jurisdiction and therefore not binding on them. The suit was dismissed by the trial Court on 30-5-1951, and the appeal of the plaintiffs (the present petitioners) was dismissed by the District Judge on 14-9-1951. From this latter decision they filed the aforesaid revision which was dismissed by this Court on 14-11-1952, and they now want to appeal to the Supreme Court.