PARKASH LAL Vs. SANT SINGH
HIGH COURT OF PUNJAB AND HARYANA
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Weston, J. -
(1.) THIS Civil Revn. raises a short point the jurisdiction of the Addl. Dist. J. to hear appeals under Section 15, East Punjab Urban Rent Restriction Act.
(2.) CLAUSE 1(a) of that section provides that the Provincial Govt. may by a general or special order, by notification confer on such officers and authorities as they think fit, the powers of appellate authorities for the purposes of the Act, in such area or in such classes of cases as may be specified in the order. By Notification No. 1562 -Cr. 47/9228 published in the Punjab Gazette (Extraordinary) dated 14 -4 -1947 in exercise of the powers conferred by Clause 1(a) of Section 15 the Governor of the Punjab conferred on all Dist. and Ses. Judges in the Punjab in respect of the urban areas in their respective existing jurisdiction, the powers of appellate authorities for the purposes of the Act, with regard to orders made by Rent Controllers under Sections 4, 10, 12 and 13. In the present instance there is no dispute that an order was made under Section 4 of the Act and an appeal was filed in the Court of the Dist. J. in accordance with the provisions of the Act and of the notification described above. The learned Dist. J. however, purporting to act in exercise of his powers under Section 21(2), Punjab Courts Act IV(4) of 1918 assigned the appeal to the Addl. Dist. J., at Amritsar, and the Addl. Dist. J, then proceeded to determine the appeal. The unsuccessful party has filed the present revn. Appellant to this Court and it is contended on his behalf that the Addl. Dist. J. had no jurisdiction to decide the appeal.
(3.) TWO preliminary points are taken on behalf of the Respondent. The first is that there was no proper presentation of the revn. Appellant. It seems that the power filed by Mr. Mahajan for the applicant although signed by the applicant does not state in terms whom he appoints as his advocate. The practice of this Court, however, is that appeals and revn. Appellants are not presented personally. According to Rule 1, chapter 1 -A, vol. V of the Rules and Orders of the H.C. of Lahore, all ordinary appeals and Appellants for review or revn. should be presented by litigants or their advocates by depositing them in the petition box of the Court outside the room of the Deputy Registrar between certain hours on working days.;
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