DAYAL, J. - (1.) A preliminary objection was taken at the hearing of this petition to the effect that This Court had no jurisdiction to take proceedings for contempt of the Court of the Assistant Collector, first class, with respect to proceedings pending before it for the correction of papers under S.40, Land Revenue Act (Act 3 of 1901).
(2.) SECTION 2, sub -s.(1), Contempt of Courts Act (12 of 1926) is : "Subject to the provisions of sub -s.(3) the High Courts of Judicature established by Letters Patent shall have and exercise the same jurisdiction, powers and authority in accordance with the same procedure and practice, in respect of contempt of Courts subordinate to them as they have and exercise in respect of contempts of themselves." The contention for the opposite party is that the Court of an Assistant Collector, first class, under the Land Revenue Act is not subordinate to the High Court and that, therefore, this Court cannot take action with respect to contempts committed of that Court. It is submitted for the petitioner that the Court of the Assistant Collector, first class, under the Land Revenue Act, is subordinate to this Court on account of this Court having appellate jurisdiction over it. Support for this is sought in two ways. Firstly, it is argued that appeals against, decrees passed by such Court under S.111, sub -s.(3), Land Revenue Act, are appealable to the District Judge or the High Court under the rules applicable to appeals to those Courts and that, therefore, in view of this appellate jurisdiction this Court will be deemed to exercise superintendence over that Court in all matters, irrespective of the fact whether orders passed in those matters would be appealable to or revisable by this Court or not. Secondly, it is argued that under para 11 of the Letters Patent of the Allahabad High Court this Court is a Court of appeal from all civil Courts within its jurisdiction.
(3.) IT is clear that if this Court has no appellate jurisdiction over the Court of the Assistant Collector, first class, under the Land Revenue Act, that Court cannot be said to be subordinate to this Court.;