DEPUTY COMMR HARDOS IN CHARGE COURT OF WARDS BHARAWAN ESTATE Vs. RAMA KRISHNA NARAIN

JUDGEMENT

(1.) This appeal is before us on a certificate granted by the High Court of Judicature at Allahabad under S. l10 Civil P. C. and the only point it raises is whether the appeal preferred by the appellant to the High Court was imperfectly constituted inasmuch as all the creditors were not impleaded as parties to that appeal.

(2.) The facts are that on 28-10-1936 Rama Krishna Narain and others submitted an application under S. 4. U P. Encumbered Estates Act, 1934 to the sub-divisional officer, Tilhar, Shahjahanpur, proving that the provisions of the said Act be applied to them. This application was eventually transferred by the sub-divisional officer to the court of the special judge, first grade, Shahjahanpur. The landlords on 26-8-1938 submitted a written statement to the special judge under S. 8 of the Act and therein stated 'inter alia' that they had a proprietary interest to the extent of ten annas share in 52 items of taluqdari Villages which formed part of taluka Bharawan. A notice of this application was published as required by S. 11(1) of the Act in the U. P. Gazette dated 13-5-1939.

(3.) The appellant on 21-11-1944 filed a petition for leave to appeal to His Majesty in Council. It was alleged in this application that the valuation of the subject-matter of the appeal in the trial court, in the High Court. and before His Majesty in Council was over Rs. 10,000/- and that though in the result the judgment and decree of the High Court affirmed the judgment and decree of the trial court, a substantial question of law affecting not only the parties but of general interest was involved.