LAWS(HPH)-1977-9-3

CHAMARU Vs. KHAZAN SINGH

Decided On September 29, 1977
CHAMARU Appellant
V/S
KHAZAN SINGH Respondents

JUDGEMENT

(1.) This is a defendant's petition under Article 227 of the Constitution arising out of a suit for the recovery of Rs. 45.

(2.) The respondent Khazan Singh filed a suit against the petitioner Chamaru before the Nyaya Panchayat for the recovery of Rs. 45. The suit was transferred to another Nyaya Panchayat, which on April 21, 1970 decreed the suit. A revision petition before the learned Sub-Divisional Judge was dismissed on Nov. 23, 1972. The petitioner now applies under Article 227 of the Constitution for relief.

(3.) When the petition came on for hearing, before one of us, a question was raised whether the addition of Clause (5) in Article 227 of the Constitution by the Constitution (Forty-Second Amendment) Act had resulted in depriving this Court of its jurisdiction to interfere judicially in respect of judgments and orders of inferior courts. The case was referred to a larger Bench in view of the importance of the question.