BALBHADRA Vs. BHOWANI

JUDGEMENT

(1.) This is an appeal from a decision of Mr. Campbell, the Divisional Judge of Raipore dated the 22 August, 1905, affirming a decision of Mr. Raghu Nath Das, the District Judge of Sambalpore, dated the 2 December, 1904.

(2.) A preliminary objection has been urged to the hearing of this appeal on the ground (i) that the appeal, if any, lies to the Judicial Commissioner of the Central Provinces and (ii) that no second appeal lies in the case under the provisions of Section 15, Act II of 1904 (The Central Provinces Courts Act, 1904).

(3.) The district of Sambalpore was part of the Central Provinces until the 16 October 1905. It was then added by Proclamation of the Governor-General to the Province of Bengal, and by Act VII of 1905 which came into force on the 16 October 1905, it is provided in Schedule D, Part II, that in construing enactments in force in the district of Sambalpore, the words "Judicial Commissioner" of the Central Provinces shall be construed as if meaning "the High Court of Judicature in Bengal." Hence, it would seem that, if an appeal lay from the decision of the Divisional Judge of Raipur to the Judicial Commissioner of the Central Provinces, it should after the 16 October 1905 be preferred to this Court.