BHAGWANT LAL Vs. SRI RAM CHANDRA NAIK

JUDGEMENT

(1.) This is an application for leave to appeal to His Majesty in Council from a decree of a Bench of this Court pissed on appeal on the 9 November 1926.

(2.) The value of the subject-matter of the suit in the Court of first instance was over Rs. 10,000 and is stated that the value of the subject-matter in dispute on appeal to His Majesty is the same. The decree of this Court affirmed the decision of the Court below, but it is claimed that this notwithstanding, the case fulfills the requirements of Section 110, Civil P. C, because the appeal involves a substantial question of law. Alternatively it is prayed, with reference to the language of Order 45, Rule 3(1) that a certificate may be given that the case is otherwise a fit one for appeal to His Majesty in Council.

(3.) The substantial question of law put forward by the petitioner in support of his claim that the case satisfies the requirements Section 110, is admittedly not a question of general importance but relying upon a recent judgment of their Lordships of the Privy Council delivered on the 17 February 1927. Raghunath Prasad Singh V/s. Deputy Commissioner of Partabgarh A.I..R.1927 P.C. 110, the learned Counsel for the petitioner argues that it is not necessary for him to make out that the question of law which he seeks to raise and have decided is one of general importance. It is sufficient, he says, to disclose a substantial question of law arising between the parties to the proposed appeal in order to entitle him to a certificate that the case fulfills the conditions of Section 110.