RAM KUMAR SINGH Vs. MUHAMMAD SALIM

JUDGEMENT

(1.) This is an application for leave to appeal to His Majesty in Council by certain persons, who were defendants, in a suit instituted by one Mohammad Salim, for a declaration that he had a certain right with respect to the sacrifice of cows in a certain village and for injunctions. The suit failed in the Court of first instance but has succeeded in this Court. The Court granted a declaration with certain safeguards and the injunctions prayed for.

(2.) As already stated, the defendants have made this application for leave to appeal to His Majesty in Council. The question is whether that leave should be granted. It is conceded that the valuation of the suit was below Rs. 10,000 and, therefore, it is impossible to say that the subject-matter involves directly or indirectly property of the value of Rs. 10,000. Mr. Banerji, who appears for the applicants, has contented himself with putting the case under Clause (c), Section 109, Civil P.C. His contention is that the matter is of general importance and the question of law involved in the proposed appeal, has not been settled definitely for India.

(3.) There can be no doubt that the matter is of general importance. The question is often disputed between the two main communities of the country and in that way it must be a matter of general importance. But the more important question is whether the two points proposed to be argued before their Lordships of the Privy Council have not in truth been settled by a pronouncement of their Lordships or whether we should regard them as still open for argument before the Privy Council. The points that have been urged before us are Clauses (a) and (b) of the memorandum of appeal proposed to be filed before His Majesty in Council. They are as follows: (a) Because the suit did not involve any claim to any legal character or any right as to any property and as such was not maintainable. (b) Because Section 42, Specific Relief Act, enables Courts to grant relief where no relief is available in common law and is not intended to be converted into a new and mischievous source of litigation, nor should declaration be made of abstract rights exclusive of practical utility.