RAGHUNATH PRASAD SINGH Vs. DEPUTY COMMISSIONER OF PARTABGARH

JUDGEMENT

(1.) THIS petition for special leave to appeal really turns on whether the case falls within the last clause of Section 110 of the Code of Civil Procedure. That section provides that where, as here, the subject-matter is over Rs. 10,000, then where the decree or final order appealed from affirms the decision of the Court immediately below the Court passing such decree or final order, the appeal must involve some substantial question of law.

(2.) ADMITTEDLY here the decision of the Court affirmed the decision of the Court immediately below; therefore, the whole question turns upon whether there is a substantial question of law. There seems to have been some doubt, at any rate in the old Court of Oudh, to which this one succeeded, as to whether a substantial question of law meant a question of general importance. Their Lordships think it is quite clear, and indeed it was conceded by Mr. DeGruyther, that that is not the meaning but that the words "substantial question of law" mean a substantial question of law as between the parties in the case involved.

(3.) THEIR Lordships' therefore humbly advise His Majesty that leave to appeal should be granted in this case.