Jwala Prasad vs Salig Ram

Straight, J.—This appeal relates to a suit for rent brought in the Court of the Deputy Collector of Et�wah for a sum below the value of one hundred rupees. The first Court decreed the plaintiff''s claim, on which the defendant preferred an appeal to the Court of the District Judge, who reversed the decision of the first Court and dismissed the plaintiff''s suit. From that decree a second appeal was preferred to this Court, and, relating to a sum of less than one hundred rupees, it came before Mr. Justice Young. A preliminary objection was taken to the hearing of the appeal on the ground that as no appeal lay to the District Judge, � fortiori no appeal lay to this Court. That proposition had authority in cases to be found in I.L.R., 4, All., 237 and Weekly Notes 1887 p. 76, to both of which I was a party, and there are other rulings of mine to a like effect. I have for some time past, after consultation with the rest of the Court, come to the conclusion that those rulings were erroneous, and that when this Court is the Court of appeal from at particular subordinate tribunal, and that subordinate tribunal acts without jurisdiction in the trial of a suit or an appeal, this Court has power in the form of an appeal to set right the proceedings of such subordinate tribunal. This was the view Mr. Justice Young took of the preliminary objection in the present case, and, rejecting it, he allowed the appeal, reversed the judgment, and restored the decree of the first Court. The only point taken here is that Mr. Justice Young was wrong on the question of jurisdiction. I think he was right and dismiss the appeal with costs.

Edge, C.J.

I agree.