UMRAO SINGH Vs. BHAGWATI SINGH

JUDGEMENT

(1.) THIS is an application for a certificate under Art. 133 of the Constitution of India for filing an appeal to the Supreme Court and arises out of a suit for a declaration that the plaintiff Maharaja Umraosingh was entitled to succeed to the Jagir of Indergarh, the last holder of which, Maharaja Sumersingh had died without leaving any male issue. The suit was in the first instance brought by Maharaja Umrao Singh applicant No. 1 and Maharaja Udaibhan Singh, applicant No. 2 was made a defendant pro forma. Later on, Maharaja Udaibhan Singh was transposed as plaintiff No. 2. The suit was contested by Shri Bhagwati Singh and Svt. Shekhawatji, opposite parties, who were the principal defendants, on the ground inter alia that the suit was not cognisable Civil Courts. The learned District Judge, Kotah, gave effect to this plea and dismissed the suit. The plaintiffs appealed to this Court, but were unsuccessful. Now they pray for a certificate under Art. 133 of the Constitution for filing appeal to Supreme Court.

(2.) SUB-Art. 1 of Art. 133 which is relevant to this case runs as follows : - (1) An appeal shall lie to the Supreme Court from any judgment decree or final order in a Civil proceedings of a High Court in the territory of India, if the High Court certifies : - " (a) That the amount or value of the subject-matter of the dispute in the court of first instance and still in dispute on appeal was and is not less than twenty thousand rupees or such other sum as may be specified in that behalf by Parliament by law; or (b) that the judgment decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value; or (c) that the case is a fit one for appeal to the Supreme Court " and where the judgment, decree or final order appealed from affirms the decision of the court immediately below in any case other than a case referred to in sub clause (c), if the High Court further certifies that the appeal involves some substantial question of law. "