THAKOOR HARDEO BUX Vs. THAKOOR JAWAHIR SINGH

JUDGEMENT

(1.) THIS is an appeal from a decree of the Commissioner of Seeta-pore, in Oudh, dated the 10th of June, 1872, affirming a decree of the Settlement Officer of that district, dated the 21st of December, 1871.

(2.) WHEN the appeal was called on for hearing, Mr. Doyne, the learned Counsel for the Respondent, took a preliminary objection, and contended that the Commissioner had no legal authority to admit the appeal. In support of his contention, he referred to the Oudh Civil Courts Act (No. XXXII. of 1871), and to Act No. II. of 18G3. By the 4th section of the former Act, five grades of Civil Courts in the province of Oudh were established, of which that of the Judicial Commissioner was the highest. By section 15, clause 3, of the same Act, an appeal from a decree of the Commissioner, when an appeal is allowed by law lies to the Judicial Commissioner; but by Section 4 it was enacted that if the Court of first appeal confirms the decision of the Court of first instance, such, decision shall be final.

(3.) IT was contended on the part of the Appellant that, as the judgment of the Commissioner affirming the judgment of the Settlement Officer was final, and no appeal lay from it to any Civil Court of higher jurisdiction, the Court of the Commissioner was, as regards this case, the Court of highest civil jurisdiction in the province. It should be remarked that, in the Privy Council Appeals Act of 1874, which was passed after the appeal in the present case was allowed, and which repealed Act No. .11. of 1803, the words " Court of final appellate jurisdiction" are used in place of the words " Court of highest civil jurisdiction."