Supreme Court of India · 1962-12-20
LAKSHMI NARAIN vs FIRST ADDITIONAL DISTRICT JUDGE,ALLAHABAD
- Citation / case number
- SC 1962/225
- Court
- Supreme Court of India
- Petitioner
- LAKSHMI NARAIN
- Respondent
- FIRST ADDITIONAL DISTRICT JUDGE,ALLAHABAD
- Bench
- SINHA, BHUVNESHWAR P.(CJ)
Judgment text excerpt
The Supreme Court held that under Section 3(1) of the U.P. Civil Laws (Reforms and Amendment) Act, 1954, the High Court alone was competent to hear first appeals pending before it, and transferring such an appeal to the District Court was invalid. The Court emphasized that Section 24 of the Code of Civil Procedure requires the receiving court to have jurisdiction to dispose of the appeal, which the District Court lacked in this case. The High Court's decision to impose costs against the appellant was also deemed erroneous.