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december 1962

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.

LAKSHMI NARAIN vs FIRST ADDITIONAL DISTRICT JUDGE,ALLAHABAD · Niyam