T.S.Misra, J. - (1.) THIS appeal is directed against an order passed by the Civil Judge Faizabad appointing a receiver of certain properties situated in Ayodhya, district Faizabad. The appeal was filed in this Court at Allahabad. It was urged before the Division Bench hearing the appeal that the appeal was not maintainable in view of the Supreme Court decision in Civil Appeal No. 1940-41 of 1972 (Nasiruddin v. State Transport Appellate Tribunal), (AIR 1976 SC 331) inasmuch as the district of Faizabad lies within the jurisdiction of the Lucknow Bench of this Court. The Division Bench, being of the view that the question involved was of considerable importance, desired that the matter be laid before a Full Bench for an authoritative pronouncement on it. That is how the matter has come up before this Full Bench.
(2.) NOTICES were accordingly issued to the parties concerned as well as the Presidents of Allahabad High Court Bar Association and Avadh Bar Association, and to the Advocate-General who have intervened in this appeal and made their submissions. It is a matter of history that the territory comprising of twelve districts i.e., Lucknow, Faizabad, Sultanpur, Rae Bareli, Pratapgarh, Bara Banki, Gonda, Bahraich, Sitapur, Kheri, Hardoi and Unnao were brought under the British Crown within the jurisdiction of the Court of Judicial Commissioner of Avadh at Lucknow, per Government order dated 4th February, 1856. About 69 years later, the U. P. Oudh Courts Act was passed in the year 1925, whereby the Chief Court of Oudh was established replacing the Judicial Commissioner's Court, having a Chief Judge and four puisne Judges. Again, in 1937 by the Government of India, Adaptation of Indian Laws Order, 1937 a provision was made for appointment of Judges under the Government of India Act, 1935 for the Chief Court of Oudh. Two more additional Judges were thus appointed. Similarly a High Court of Judicature was established at Allahabad exercising its jurisdiction in the remaining districts of United Provinces of Agra and Avadh. Subsequently, the United Provinces High Court Amalgamation Order, 1948, for short, 'the Amalgamation Order' was promulgated under Section 229 of the Government of India Act, 1935. The Amalgamation Order came into effect on the appointed day i.e., 26th July, 1948, and it was from this appointed day that the High Court of Judicature at Allahabad and the Oudh Chief Court at Lucknow constituted one High Court by the name "High Court of Judicature at Allahabad", hereinafter referred to as the "new High Court". This new High Court had its seats at Allahabad and Lucknow. The Amalgamation Order required the Chief Justice of the new High Court to direct the areas in Avadh which would be within the jurisdiction of the Lucknow Bench. The Chief Justice of the new High Court passed an order No. 6103 dated 26th July, 1948, in the following terms: "In exercise of the powers conferred by Art.14 of, the United Provinces High Courts (Amalgamation) Order, 1948, the Chief Justice of the High Court of Judicature at Allahabad is pleased to direct that as from the 26-7-1948 until further order, the Bench of the High Court at Lucknow shall exercise the jurisdiction and power vested under the said order in the High Court in respect of cases arising in the whole of Avadh." Again, on 14th December, 1948, the Chief Justice passed another order reading as follows:- "In exercise of the powers conferred by Article 14 of the United Provinces High Courts (Amalgamation) Order, 1948 and in partial modification of the Court's notification No. 6103 dated July 26, 1948, the Chief Justice of the High Court of Judicature at Allahabad is pleased to direct that with effect from January 3, 1949, the Bench of the High Court at Lucknow shall not exercise jurisdiction and power in respect of cases arising within the local limits of the jurisdiction of the District and Sessions Judge, Faizabad. Provided that nothing herein contained shall affect the jurisdiction and powers of the Lucknow Bench in respect of proceedings already pending before that Bench prior to the coming into force of the above orders." Various other orders were passed from time to time by the Chief Justice pertaining to the class of cases to be or not to be filed and heard by the Lucknow Bench.
(3.) ON behalf of the President, Allahabad High Court Bar Association it was urged that both the orders of 26th July, 1948 and 14th December, 1948, as well as all subsequent orders passed by the Chief Justice under para, 14 of the Amalgamation Order with regard to the jurisdiction of Lucknow Bench were void inasmuch as the said orders were passed under misconception of the scope of his powers under the said para, 14 of the Amalgamation Order, and that the impugned orders were passed without taking into account the relevant considerations and excluding the irrelevant considerations. The argument, in substance was that para. 14 required the making of an order in the positive form. The order dated 26th July, 1948, being of an interim character was not a final order and as it was passed by the Chief Justice under a misconception of the scope of his power the same was void. Further, it was submitted that there was no application of mind by the Chief Justice when he passed the said order dated 26th July, 1948.;