MADAN MOHAN Vs. KEWAL KRISHAN

JUDGEMENT

(1.) THIS is an application for grant of a certificate for the purpose of filing an appeal to the Supreme Court of India against our judgment and decree dated December 10, 1973 rendered in appeal No. 4 of 1972 preferred against the judgment and decree of a learned Single Judge of this Court dismissing the respondents civil original suit for partition of certain properties.

(2.) MR . T. S. Thakur appearing on behalf of the respondents has raised an objection to the effect that In view of the amendment of Article 133 of the Constitution brought about by the Constitution (Thirtieth Amendment) Act, 1972. Which was applied to the State vide the Constitution (Application to Jammu & Kashmir) Second Amendment Order, 1974, the certificate sought for cannot be granted as the case does not involve a substantial question of law or of general importance requiring to be decided by the Supreme Court.

(3.) MR . I. K. Kotwal appearing for the petitioners has on the other hand contended that since the impugned judgment was given by the court before the issue of the Constitution (Application to Jammu Had Kashmir) Second Amendment Order, 1974 which came into force on June 26, 1974, and the application for leave to appeal was also made before that date and the said judgment is one of reversal, his clients are as of right entitled to a certificate.