# CHHITARMAL v. M/S, SHAH PANNALAL CHANDULAL

- **Citation:** [1965] 2 S.C.R. 751
- **Court:** Supreme Court of India
- **Decided:** 1965-01-14
- **Case number:** Civil First Appeal No. 54 of 1956
- **Bench:** K. N. Wanchoo, M. Hidayatullah, J. C. Shah, J. R. Mud!!Olkar, s. M. Srroo JJ
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/chhitarmal-v-m-s-shah-pannalal-chandulal-3331
- **Pages:** 5

## Headnote

751
Constitution of India, Art. 133(l)(a)
and
133(1)(b)-Requirements for grant of certificates to appeal to Supreme Court,
The petitioner filed a suit in the court of the Sub-Judge claiming
a decree for Rs. 10,665 and any balance ascertained as due to him
on taking account, being proceeds of sales made by the respondents as
the petitioner's agents.
·
The trial court passed a decree directing that an account be taken
of the amount due and appointed a Commissioner for the purpose.
Jn
appeal the High Court reversed the decree and dismissed the suit.
An
application filed by the petitioner for a certificate under Art. 133 was
rejected by the High Court.
Upon a petition for special leave to appeal under Art. 136, it was
contended on behalf of the petitioner, that the judgment of the High
Court involved a claim or question respecting property of a value exceeding Rs. 2.0,000 and the petitioner was entitled as a matter of right
to a certificate from the High Court under Art. 133(1)(b).
HELD : Under cl. (a) what is decisive is the amount or value of
tho subject-matter in the court of first instance and "still in dispute" in
appeal to the Supreme Court; under cl. (b) it is the amount or value
of the property respecting which a claim or question is involved in the
judgment sought to be appealed from.
The expression
"property"
i.!
not defined in the Code, but having regard to the use of the expression
"amount" it would apparently include money.
The property respecting
which the claim or question arises must be property in addition to or
other than the subject-matter of the dispute. If in a proposed appeal
there is no claim or question raiS""..d respecting property other than the
subject-matter, cl. (a) will apply: if there is involved in the
appeal a
claim or question respecting property of an amount or value not less
than Rs. 20,000 in addition to or other than the subject-matter of the
dispute cl. (b) will apply. (754 B-E]
In tho present case, the claim in the coun of first instance did not
reach Rs. 2u.OOO, and therefore a certificate could not be granted under
Art. 133(l)(a). [754 Al
It could not be said that a judgment dealing with a claim to money
alleged to be due from an agent for price of goods belonging to the
principal, sold by the agent, involved a claim or question respecting the
goods which had been sold.
Furthermore, although
the
petitioner's
claim on appeal including interest exceeded Rs. 20,000, this was still the
subject-matter in dispute; the judgment did not involve
any
claim
or
question respecting property in addition to or other than the subjectmatter of the suit.
Article 133 (I )(b) was, therefore, also not applicable. [754 G-H; 755
A]
752
· SUPREME
COURT REPORTS
[1965] 2 S.C.ll.

## Text

A
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F
G
H
CHHITARMAL
v.
M/S, SHAH PANNALAL CHANDULAL
January 14, 1965
[K. N. WANCHOO, M. HIDAYATULLAH, J. C. SHAH,
J. R. MUD!!OLKAR AND s. M. Srroo JJ.J
751
Constitution of India, Art. 133(l)(a)
and
133(1)(b)-Requirements for grant of certificates to appeal to Supreme Court,
The petitioner filed a suit in the court of the Sub-Judge claiming
a decree for Rs. 10,665 and any balance ascertained as due to him
on taking account, being proceeds of sales made by the respondents as
the petitioner's agents.
·
The trial court passed a decree directing that an account be taken
of the amount due and appointed a Commissioner for the purpose.
Jn
appeal the High Court reversed the decree and dismissed the suit.
An
application filed by the petitioner for a certificate under Art. 133 was
rejected by the High Court.
Upon a petition for special leave to appeal under Art. 136, it was
contended on behalf of the petitioner, that the judgment of the High
Court involved a claim or question respecting property of a value exceeding Rs. 2.0,000 and the petitioner was entitled as a matter of right
to a certificate from the High Court under Art. 133(1)(b).
HELD : Under cl. (a) what is decisive is the amount or value of
tho subject-matter in the court of first instance and "still in dispute" in
appeal to the Supreme Court; under cl. (b) it is the amount or value
of the property respecting which a claim or question is involved in the
judgment sought to be appealed from.
The expression
"property"
i.!
not defined in the Code, but having regard to the use of the expression
"amount" it would apparently include money.
The property respecting
which the claim or question arises must be property in addition to or
other than the subject-matter of the dispute. If in a proposed appeal
there is no claim or question raiS""..d respecting property other than the
subject-matter, cl. (a) will apply: if there is involved in the
appeal a
claim or question respecting property of an amount or value not less
than Rs. 20,000 in addition to or other than the subject-matter of the
dispute cl. (b) will apply. (754 B-E]
In tho present case, the claim in the coun of first instance did not
reach Rs. 2u.OOO, and therefore a certificate could not be granted under
Art. 133(l)(a). [754 Al
It could not be said that a judgment dealing with a claim to money
alleged to be due from an agent for price of goods belonging to the
principal, sold by the agent, involved a claim or question respecting the
goods which had been sold.
Furthermore, although
the
petitioner's
claim on appeal including interest exceeded Rs. 20,000, this was still the
subject-matter in dispute; the judgment did not involve
any
claim
or
question respecting property in addition to or other than the subjectmatter of the suit.
Article 133 (I )(b) was, therefore, also not applicable. [754 G-H; 755
A]
752
· SUPREME
COURT REPORTS
[1965] 2 S.C.ll.
CIVIL APPELLATE JURISDICTION : Special Leave Petition
/j.
(Civil) No. 890 of 1964.
Petition for special leave to appeal to the Supreme Court from
'the judgment and decree dated December 16, 1963 of the Rajasthan High Court in Civil First Appeal No. 54 of 1956.
Mukat Behari Lal Bhargava, Zalim Singh, Meeratwal and Nau-
" it Lal, for the petitioner
M. C. Setalvad, and I. N. Shroff, for the respondent.
The Judgment of the Court was delivered by
Shah, J. The petitioner applies for special leave to appeal
under Art. 136 of the Constitution, against the judgment of the
High Court of Rajasthan dated December 16, 1963 in Civil First
Appeal No. 54 of 1956 on. two grounds :
•
c
(1) that the judgment of the High Court involves a
D
claim or question respecting property of not less than
Rs. 20,000 in value, and the High Court erred in refusing a certificate under Art. 133(1) (b) of the Constitution;
and
(2) that the case is otherwise fit for' appeal to the
E
Supreme Court.
The material facts bearing on the plea raised are these. The
petitioner commenced on July 2, 1951 in the Court of the Subordinate Judge, First Class, Ajmer an action against the respondents claiming a decree for Rs.
I 0,665 and for rendition of F
accounts in respect of the balance of sale proceeds of 104 bales
of cotton purchased by him through the agency of the respondents.
The petitioner claimed that I 04 bales of cotton purchased by him
were sold by the respondents as his agents on May 14, 1948 for
Rs. 27,267I13 / 6 and without settling the account the respondents
delivered towards that amount a demand draft for Rs. 11,000 G
which was encashed and four cheques of the aggregate value of
Rs. 13,000 which because of Jack of arrangement with the respondents' bankers were not encashed, and the petitioner on that
account was entitled to receive from the respondents Rs. 10, 665
being the amount due on the foot of dishonoured cheques and
inierest thereon at the rate of 6% per annum between July 2,
H
1947 to July l, 1951, Jess Rs. 4,000 subsequently received by him.
The petitioner also claimed a decree for the balance of the price.
,
CHHITTARMAL V. PANNALAL (Shah /.)
753
A after giving credit for commission, dalall and godown c4arges incurred by the respondents as his agents and as he was not in a
"position to know" the amounts due to or disbursed by the respondents, he claimed a decree for rendition of account. The sulJ.;
ject-matter of the suit was, therefore, a claim for Rs. 10,665 due
to the petitioner on a cause of action arising on cheques dishonour-
•
ed, and a claim for the balance of the price due as may be ascertained on taking accounts.
The trial Court passed a decree directing that account be
taken for ascertaining the amount due in respect of the entire tran·
C saction of 104 bales and for taking accounts appointed a Commissioner. The High Court of Rajasthan reversed the decree passed
by the Trial Court and dismissed the suit, holding that the transactions in respect of which the claim was made by the petitioner were
those of an unregistered firm constituted by the petitioner and
another person named Duli Chand and the suit was barred because
D
thc: firm was not registered. An application filed by the petitioner
for certificate under Art. 133 of the Constitution was rejected by
the High Court.
The judgment of the High Court proceeds entirely upon appreciation of evidence and on the findings recorded the petitioner's
E
suit must stand dismissed.
But counsel for the petitioner urged
that the judgment of the High Court directly involves a claim or
question respecting property of value not less than Rs. 20,000 and
he was entitled as a matter of right to a certificate from the High
Court under Art. 133(1) (b) of the Constitution. This argument
is sought to be presented in two ways.
It is urged in the first
F
instance that the il!dgment. of the High Court involves a question
relating to the right of the petitioner respecting 104 bales of cotton belonging to him and sold by the respondents for an amount
exceeding Rs. 27,000. Secondly, it is urged that pursuant to the
order of the Trial Court a Commissioner was appointed and the
Commissioner reported that Rs. 12,089/14/6 with interest at the
G rate of 6% per annum from May 14, 1948 were due to the petitioner and as the amount due to the petitioner on that footing
was not less than Rs. 20,000 at the date of the decree of the High
Court, the judgment of the High Court involved a claim respecting
property of that amount or value.
In our view the contention
raised by the petitioner under either head has no substance.
H
It is conceded, and in our judgment .counsel is right in so con"
ceding, that the petitioner could not seek a certificate under cl. (a)
-
-,,-,
754
SUPREME COURT REPORTS
[1965) 2 S.C.ll.
of Art. 133(1). The claim in the court of first instance did not A
reach Rs. 20,000 and one of the conditions for a certificate under
that clause being absent, the claim could not be maintained. To
attract the application of Art. 133(1) (b) it is essential that there
must be---omitting from consideration other conditions not material-a judgment involving directly or indirectly some claim or
question respecting property of an amount or value not less than •
Rs. 20,000. The variation in the language used in els. (a) and
(b) of Art. 13 3 pointedly highlights the conditions which attract
the application of the two clauses. Under cl (a) what is decisive
is the amount or value of the subject-matter in the court of first
instance and "still in dispute" in appeal to the Supreme Court : C
under cl. (b) it is the amount or value of the property respecting
which a claim or question is involved in the judgment sought to be
appealed from.
The expression "property" is not defined in the
Code, but having regard to the use of the expression "amount" it
would apparently include money.
But the property respecting
which the claim or question arises must be property in addition D
to or other than the subject-matter of the dispute. H in a proposed
appeal there is no claim or question raised respecting property
other than the subject-matter, cl. (a) will apply : if there is involved ·
in the appeal a claim or question respecting property of an
amount or value not less than Rs. 20,000 in addition to or other
than the subject-matter of the dispute cl. (b) will apply.
E
In the present case the subject-matter in dispute was a claim
for money.
A part of that claim was definite and the rest was
to be ascertained on taking accounts. The judgment did not involve any claim or question relating to property in addition to
or other than
the subject-matter in dispute of the value of 'I
Rs. 20,000. It was admitted by the petitioner in his plaint that ·
ihe bales of cotton were sold by the respondents as his agents. The
right of the respondents to sell the bales was not in dispute. What
was challenged was the right of the respondents to retain the price
received by them. It cannot be said that a judgment dealing with
a claim to money alleged to be due from an agent for price of proG
perty belonging to the principal sold by the agent either directly
or indirectly involves a claim or question respecting property which
is sold.
Nor does the alternative ground assist the petitioner. It is
true that by his petition the petitioner claims restoration of the H
decree of the Trial Court, and by adding interest at the rate of 6%
per annum to the petitioner's claim as awarded under the report
CHHITTARMAL v. PANNALAL (Shah /.)
755
A of the Commissioner, the claim of the petitioner on appeal exceeds
Rs. 20,000. But this is still the subject-matter in dispute : the
judgment does not involve any claim or question respecting property in addition to or other than the subject-matter of the suit.
B
The petition therefore fails and is dismissed with costs.
Petition dismissed.