INDIAN MUTUAL PROVIDENT FUND INSURANCE CO. LTD. Vs. LAL FAQIR CHAND
HIGH COURT OF JAMMU AND KASHMIR
Indian Mutual Provident Fund Insurance Co. Ltd.
Lal Faqir Chand
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(1.) Under sub-section (5) of Section 34 of the Civil Courts Act. 1977 appeals are preferred to a Subordinate Judge as a subordinate Judge and not as a District Judge. The meaning of the words "and the Court of such-Subordinate Judge shall be deemed to be a District Judge for the purposes of all appeals so preferred" is that after the appeal has been preferred to as Subordinate Judge, he will hear the appeal as District Judge.
(2.) The question in this case is which Article of the Limitation Act would apply to an appeal which is preferred from the decision or decree of a Munsiff to a Sub-Judge. There are only two Articles in the Limitation Act fixing the period of limitation for appeals, namely Article 151-A and Article 152. Under Article 151-A the period of limitation is 50 days for an appeal to a Subordinate Judge. Under Article 152 the period of limitation is 90 days for an appeal to the Court of District Judge. It will appear that it is the Court to which an appeal lies which determines the period of limitation. If an appeal lies to the Court of Subordinate Judge the period of limitation would be 60 days while if the appeal lies to the District Judge it would be 90 days. So we have to decide to which Court the appeal in question lay. Under section 34 sub-section (2) of the Civil Courts Act 1977, an appeal from a decree or order of a Munsiff shall lie to the District Judge. Under sub-section (5) "the High Court may by notification in the Government Gazette, direct that appeals lying to the District Court under sub-section (2) from all or any of the decrees or orders passed in an original suit by any Munsiff shall be preferred to such Subordinate Judge as may be mentioned in the notification, and the Court of such Subordinate Judge shall be deemed to be a District Court for the purposes of all appeals so preferred." Under this sub-section, appeals are preferred to a Subordinate Judge as a Subordinate Judge and not as a District Court. The meaning of the words "and the Court of such Subordinate Judge shall be deemed to be a District Court for the purposes of all appeals so preferred" is that after the appeal has been preferred to a Subordinate Judge he will hear the appeal as District Court.
(3.) In my opinion, therefore, the Article of Limitation Act which applies to such appeals is Article 151-A under which the period of limitation is only 60 days.;
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