Allahabad High Court
Sundar Das And Ors. vs Lachman Das on 4 January, 1957
Equivalent citations: AIR1957ALL352, AIR 1957 ALLAHABAD 352, 1957 ALL. L. J. 292
Author: V. Bhargava
Bench: V. Bhargava
ORDER V. Bhargava, J.
1. This revision arises out of proceedings under the Displaced Persons Debts Adjustment Act 70 of 1951. When this revision, cattle up for hearing, a question first arose as to whether such a revision did at all He to this Court under Section 115 of the Code of Civil Procedure. The jurisdiction to deal with proceedings under that Act 70 of 1951 is vested in Tribunal and not in Civil Courts. Under Section 115 of the Code of Civil Procedure, the High Court can call for the record of any case which has been decided by any court subordinate to such a High Court. Section 3 of the Code of Civil Procedure lays down what courts are courts subordinate to the High Court for the purposes of the Code of Civil Procedure. That section is to the following effect:--
"For the purposes of this Code, the District Court is subordinate to the High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court and District Court."
2. A Tribunal exercising powers under Act, 70 of 1951 is neither a district court nor a civil court or a court of small causes. Consequently, such a Tribunal is not a court subordinate to the High Court for the purposes of the Code of Civil Procedure. The only courts which are subordinate to the High Court for the purposes of the Code of Civil Procedure are those enumerated in Section 3 of the Code of Civil Procedure and may be such, other courts as may have been made subordinate to the High Court for the purposes of the Code of Civil Procedure by any other enactment.
3. Act 70 of 1951 does not specifically lay down that a Tribunal seized of proceedings under that Act is to be a court subordinate to the High Court for the purposes of the Code of Civil Procedure.
4. Section 25 of that Act merely lays down that the proceedings under that Act are to be regulated by the provisions contained in the Code of Civil Procedure but do not make the Code of Civil Procedure as a whole applicable to those proceedings. In these circumstances, it must be held that a Tribunal dealing with proceedings under the Displaced Persons Debts Adjustment Act 70 of 1951 is not a court subordinate to the High Court for the purposes of the Code of Civil Procedure and consequently no revision can be entertained in this Court under Section 115 of the Code. The revision fails and is dismissed but I make no order as to costs.
The stay order is discharged