D.S.Mathur, J. - (1.) This is an application under Article 227 of the Constitution of India read with Section 151, Civil Procedure Code, by Sri Thakur Nar Singh Ji Maharaj, Birajman Mandir in Mohalla Matan Tola, Qasba Lakhna, Pargana Bharthan, of district Etawah, through Sri Gopi Nath, Manager, for a direction that the Additional District Judge of Allahabad has no jurisdiction to hear First Appeal No. 248 of 1953 (Sri Thakur Nar Singh Maharaj v. Chandan Singh). There is also the prayer that the appeal be withdrawn from the Court of the Additional District Judge, Allahabad, to be heard by the High Court itself.
(2.) The applicant had instituted a suit in forma pauperis against Chandan Singh, defendant, for possession of the temple after his ejectment therefrom and also for recovery of ornaments and other articles worth Rs. 100/-. The suit was valued at Rs. 5,435/- and was instituted on 12.7.1949. After permission was granted to sue in froma pauperis, the plaint was registered as suit No. 5 of 1950. Chandan Singh contested the suit and filed his written statement on 15.5.1950. The suit was dismissed by the Civil Judge, Etawah, on 29.11.1952 and against this decree the applicant preferred an appeal before the High Court which was registered as First Appeal No. 248 of 1953.
(3.) The U.P. Civil Laws (Reforms and Amendment) Act, 1954 (to be referred hereinafter as the 'Act of 1954') came into force on 30.11.1954 and as a result of the amendments made in the Bengal, Agra and Assam Civil Courts Act, 1887, appeals in suits of a valuation upto Rs. 10,000/- lay before the District Judge. Prior to the commencement of the Act of 1954, the District Judge could entertain appeals in suits of valuation upto Rs. 5000/- only. Sometimes in 1962 the Chief Justice of this Court transferred many First Appeals including the present First Appeal to the District Judge of Allahabad with directions that he shall hear the appeals himself or transfer them to any of the Additional District Judge at Allahabad for disposal. The transfer of the appeal to the District Judge and its hearing by the Additional District Judge at Allahabad has been challenged; and for purposes of record a certified extract of the order has now been placed on the record. The order runs as below:- "It is hereby ordered that the first appeals pending in the Court and specified in the list annexed hereto are transferred to the court of the District Judge, Allahabad, who may decide these cases himself or transfer them to any of the Additional District Judges at Allahabad for disposal.";