S.NARANJAN SINGH Vs. DURGA DASS

JUDGEMENT

(1.) One common question which arises to be Considered in all these second appeals is, whether in the suits which have been instituted either under the provisions of Himachal Pradesh (Courts) Order, 1948, of under the provisions of Punjab Courts Act, 1918 (Act No. 6 of 1918), second appeals can be preferred to the High Court as provided by section 100 of the Code of Civil Procedure as amended by Amendment Act No, 104 of 1976, or as provided by the relevant provisions of Himachal Pradesh (Courts) Order, 1948 and or Punjab Courts Act, 1918. In some of these matters two questions have been referred to a larger Bench and these two questions are as under Whether this second appeal is govered by the amended section 100 of the Code of Civil Procedure; and 2. What is the precise content of the expression "substantial question of law" within the meaning of the amended section 100 of the Code of Civil Procedure.

(2.) Since these two questions affected many other second appeals which have been filed in this Court, all these appeals in which these questions were involved were listed on board so that the parties concerned would have an opportunity to advance their contentions regarding these two questions.

(3.) Before dealing with these two questions, it would be necessary to State the historical background regarding the right of second appeal in the areas covered by the State of Himachal Pradesh. It should be stated here that the State of Punjab was re -organised in the year 1966, and as a result of this re -organisation, some area of the erstwhile State of Punjab came to be integrated with the Himachal Pradesh territory. After this integration the Stats of Himachal Pradesh was comprised by the area originally covered by Himachal Pradesh territory, and the integrated area which came from the erstwhile State of Punjab. So far as the area covered by the erstwhile State of Punjab is concerned, the right to file second appeal was governed by the Act called Punjab Courts Act, 1918, while so far as the area covered by the erstwhile Himachal Pradesh territory is concern ed, right to file second appeal was governed by the order called the Himachal Pradesh (Courts) Order, 1948 passed on 10 -8 -1948 by the Central Government which had full and exclusive authority, jurisdiction and power for and in relation to the governance of Himachal Pradesh. Thereafter, the enactment called the Himachal Pradesh Courts Act, 1976 (Act No. 23 of 1976), came into operation on 26 -5 -1976, when it received the assent of the Governor.