HARIRAM AGARWALLA Vs. NATHMAL AGARWALLA
HIGH COURT OF CALCUTTA
Click here to view full judgement.
(1.) LEAVE is granted to the learned Advocate for the petitioners to amend the valuation of the petition.
(2.) THIS is an application for revision under article 227 of the Constitution, which was originally valued at below Rs. 5,000/ - and was moved before our learned brother Gupta J. sitting singly. Gupta J. issued a Rule on this application on 19th November; 1969. Thereafter, when the matter came up for final hearing on 9th September, 1970, it appeared to our learned brother that the application was wrongly valued as below Rs. 5,000/- and he held that, as the impugned orders were' made in a suit, valued at over Rs. 2,00,000/ - the application ought to haw been valued at above Rs. 5,000/-and, as, upon such valuation our learned brother would not have jurisdiction to entertain the application, he, by his order, passed on that date, recalled his previous order, dated November 19, 1969, issuing the Rule, and all subsequent orders, made by him therein. That was how the Rule, issued by our learned brother on this application, namely, C. R. 3862 of 1969, was disposed of, the net result being that all effective orders on 3 the application were recalled or withdrawn and the same remained undisposed of.
(3.) THERE was, however, no actual order, directing return of the application to the learned Advocate for presentation to the appropriate Bench.;
Copyright © Regent Computronics Pvt.Ltd.