DHANGIR Vs. JANKIDAS

JUDGEMENT

(1.) Since these two applications arise out of the same judgment, they are being disposed of by a common order. These are two applications under Arts. 133 and 134A of the Constitution praying for a certificate that the case involves a substantial question of law of general importance and requires decision of the Hon'ble Supreme Court arising out of the decision of this Court in D.B. Civil Special Appeal No. 20/75.

(2.) We have heard the learned Counsel for the parties.

(3.) A preliminary objection has been raised by Mr. M.M. Vyas appearing for Jankidas Mohanlal, the non-petitioners in both these cases. It has been urged by the learned Counsel for the non-petitioner that under Art.134A a certificate can be issued by this Court as envisaged in Art.132(1) or 133(1) or 134(1) either if this Court deems it fit on its own motion or if an oral application is made by or on behalf of the party aggrieved immediately after the passing or making of such judgment, decree, final order or sentence as referred to in the opening part of Art.134A. This Court has not at its own motion deemed it necessary to determine the question whether a certificate of the nature referred to in Cl. (1) of Art.132 or Cl. (1) of Art.133 or as the case may be sub-cl. (c) of Cl. (1) of Art.134 should be granted or not, and, therefore, the only course for the petitioner to get such a certificate was to make an oral application immediately after the passing of the judgment in the said special appeal. Since that has not been done, now the petitioners cannot ask for a certificate on the basis of written applications filed after more than one month.