# RAMESH AND ANOTHER v. SETH GENDALAL MOTILAL PATNI AND OTHERS

- **Citation:** [1966] 3 S.C.R. 198
- **Court:** Supreme Court of India
- **Decided:** 1966-01-06
- **Case number:** Civil Appeal No. 950 of 1965
- **Bench:** P. B. Gajendragadkar, K. N. Wanchoo, M. HIDAYATULLAll, V. Ramaswami, P. Satyanarayana Raju
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/ramesh-and-another-v-seth-gendalal-motilal-patni-and-others-3693
- **Pages:** 10

## Headnote

A
B
Constitution of India, Art. 133-Appea/ whether lies to Supreme Court
/rotn High Court's order in extraordinary civil jurisdiction under Art. 226
--l'roceeding 11der Art. 226 when a 'civil procuding"-'Final order', wh•t
C
1$.
In proceedings under s. 19(1) of lhe Madhya Pradesh Abolition of Proprie1ory Righls (Esta1es, Mabals, Alienaled Lands) Act. 1950. on the application of the appellanl, i1 was held by lhe Claims Officer 1hat the debl
due to P, lhe first respondent, was a secured debt despile the fac1 1bat
a decree had been passed in
respect of the debt. The Claims Officer
asked P to file a s1a1ement of claim under s. 22 of the Act.
Although
the Board of Revenue held that the Claims Officer had no Jurisdict'on
to delermine lhc nature of debt. P, by way of caution, filed a slatement
of clam under r. 22.
The Claims Officer held it lo be out of time and
discharged lhe debt.
On appeal hy P the Commissioner held that although
the Claims Officer had jurisdiclion to decide on the nature of the deb!, the
debt was wrongly discharged by him as action under s. 22( 1) had not been
taken. The appellant thereupon filed a peliti-.1n under Arts. 226 and 227
on the ground inter a!UJ that the
Commi~\:_oner had no jurisdiction to
entertain anJ decide the appeal.
·me High Court summarily dismissed
the pctilion.
The appellants next applied for a certificale of fitness which
was refused.
The appellants came to this Court by special leave and con 4
tended 1hat the High Court had wrongly refused the cen:ficare.
The
quc.o;tions 1h~1t came up for
consideration were: (i) \Vhether the petition
under Art. 226 in the High Court was a 'civil proceeding', (2) whether
an appeal under Art. DJ lay only in a proceeding in the exercise of the
appellate or ordinary civil jurisdiction of the High Court, and not the
C"Xtraordinary original c'vil jurisdiction under Art. 226 and (3) whelbcr
the order of the High Court summarily dismissing the wr:t petition of the
appellants \\·as a final order.
HELD : (i) A proc1.....:din~ under Art. 226 for a \Vrit to bring up
a
proceeding for consid~ra~ion is a "civil proceeding' if the original proceeding concerned civil rights. (203 GJ
D
E
F
....
I
"
(
•
The dichotomy between c'vil and criminal proceedings made by the
G
t
civil law jurists is apparently followed in Arts. 133 and 134 and any pro-
'
cecding affecting civil i.e. private rights, \Vhich is not criminal in nature.
is civil. [203 El
I
S. A .. l. Narr.yan Row & Anr. v. Jshwar/al Bhagwandas
&
Anr ..
A.LR. 1965 S.C. 1818. [1966] 1 S.C.R. 190, relied on.
In the present '"'case the ·Claim!ii Officer purported to excrci5e a juri!i.-
diction under which he could order the discharge of a debt which means
H
that the order affected the civil ri.2hts of the parties.
The C.Ommio;;sioner's
order reversing the order of the Claims Officer also affected the same c·vil
rights.
The proceedings before the revenue
authorities
were therefore
• •
A
B
c
)
D
E
F
G
H
RAMESH v. G. M. PATNI (Hidayatul/ah J.)
19&
civil proceedigs and those in !be High Court must also be regarded as
of the same nature·. [203 C"E]
(ii) It is not permissible by reference to the history of appeals to the
Privy Council under ss. 109 and 110 of the ClVll Procedure Code to
exclude from the scope of Art. 133 matters beard by the High Court in
the exerci•e of extraordinary original civil jurisdiction. Article 133 uses
the wid"'t possible language. The intention is not onll' to include all
judgments, decrees and orders passed in the exercise of appellate .and ~rdt
nary civil jurisdiction but other jurisct:ctions as well in which c!Vll rights
would come up before tho High Court for decision. The drafters of the
Constitution were aware that a new jurisdiction was be:ng conferred on.
the High Courts under Art. 226 and that the new jurisdiction would often
resulr in decision affecting civil i.e. private rights, and the need to pr~vide
for appeals to this Court against such decisions must have been obv'Ous.
The nght of appe

## Text

RAMESH AND ANOTHER
v.
SETH GENDALAL MOTILAL PATNI AND
OTHERS
January 6, 1966
[P. B. GAJENDRAGADKAR, C.J., K. N. WANCHOO,
M. HIDAYATULLAll, V. RAMASWAMI AND
P. SATYANARAYANA RAJU, JJ.J
A
B
Constitution of India, Art. 133-Appea/ whether lies to Supreme Court
/rotn High Court's order in extraordinary civil jurisdiction under Art. 226
--l'roceeding 11der Art. 226 when a 'civil procuding"-'Final order', wh•t
C
1$.
In proceedings under s. 19(1) of lhe Madhya Pradesh Abolition of Proprie1ory Righls (Esta1es, Mabals, Alienaled Lands) Act. 1950. on the application of the appellanl, i1 was held by lhe Claims Officer 1hat the debl
due to P, lhe first respondent, was a secured debt despile the fac1 1bat
a decree had been passed in
respect of the debt. The Claims Officer
asked P to file a s1a1ement of claim under s. 22 of the Act.
Although
the Board of Revenue held that the Claims Officer had no Jurisdict'on
to delermine lhc nature of debt. P, by way of caution, filed a slatement
of clam under r. 22.
The Claims Officer held it lo be out of time and
discharged lhe debt.
On appeal hy P the Commissioner held that although
the Claims Officer had jurisdiclion to decide on the nature of the deb!, the
debt was wrongly discharged by him as action under s. 22( 1) had not been
taken. The appellant thereupon filed a peliti-.1n under Arts. 226 and 227
on the ground inter a!UJ that the
Commi~\:_oner had no jurisdiction to
entertain anJ decide the appeal.
·me High Court summarily dismissed
the pctilion.
The appellants next applied for a certificale of fitness which
was refused.
The appellants came to this Court by special leave and con 4
tended 1hat the High Court had wrongly refused the cen:ficare.
The
quc.o;tions 1h~1t came up for
consideration were: (i) \Vhether the petition
under Art. 226 in the High Court was a 'civil proceeding', (2) whether
an appeal under Art. DJ lay only in a proceeding in the exercise of the
appellate or ordinary civil jurisdiction of the High Court, and not the
C"Xtraordinary original c'vil jurisdiction under Art. 226 and (3) whelbcr
the order of the High Court summarily dismissing the wr:t petition of the
appellants \\·as a final order.
HELD : (i) A proc1.....:din~ under Art. 226 for a \Vrit to bring up
a
proceeding for consid~ra~ion is a "civil proceeding' if the original proceeding concerned civil rights. (203 GJ
D
E
F
....
I
"
(
•
The dichotomy between c'vil and criminal proceedings made by the
G
t
civil law jurists is apparently followed in Arts. 133 and 134 and any pro-
'
cecding affecting civil i.e. private rights, \Vhich is not criminal in nature.
is civil. [203 El
I
S. A .. l. Narr.yan Row & Anr. v. Jshwar/al Bhagwandas
&
Anr ..
A.LR. 1965 S.C. 1818. [1966] 1 S.C.R. 190, relied on.
In the present '"'case the ·Claim!ii Officer purported to excrci5e a juri!i.-
diction under which he could order the discharge of a debt which means
H
that the order affected the civil ri.2hts of the parties.
The C.Ommio;;sioner's
order reversing the order of the Claims Officer also affected the same c·vil
rights.
The proceedings before the revenue
authorities
were therefore
• •
A
B
c
)
D
E
F
G
H
RAMESH v. G. M. PATNI (Hidayatul/ah J.)
19&
civil proceedigs and those in !be High Court must also be regarded as
of the same nature·. [203 C"E]
(ii) It is not permissible by reference to the history of appeals to the
Privy Council under ss. 109 and 110 of the ClVll Procedure Code to
exclude from the scope of Art. 133 matters beard by the High Court in
the exerci•e of extraordinary original civil jurisdiction. Article 133 uses
the wid"'t possible language. The intention is not onll' to include all
judgments, decrees and orders passed in the exercise of appellate .and ~rdt
nary civil jurisdiction but other jurisct:ctions as well in which c!Vll rights
would come up before tho High Court for decision. The drafters of the
Constitution were aware that a new jurisdiction was be:ng conferred on.
the High Courts under Art. 226 and that the new jurisdiction would often
resulr in decision affecting civil i.e. private rights, and the need to pr~vide
for appeals to this Court against such decisions must have been obv'Ous.
The nght of appeal is thus stated in general words in Arts. 132 and 133
and no exception not mentioned in the articles can be implied. [204 D-GJ
(iii) A petition to the High Court invoking jurisdiction under Art. 226
is a pr0;eeeding quite independent of the original controversy.
A decision
in the exercise of this jurisdiction whether interfering w;th the procec:dings
impugned or declining to do so is a final decision in so far as the High
Court is concerned
if the effect is to terminate the controversy before
it. [206 C-D]
In the present case the High Court by summarily dismissing the appellants' writ petition upheld the jurisdiction of the Commissioner
t@
make the order he did and the fact that the High Court's order was not
a speaking order made no difference.
The High Court" order had the
effect of once again reviving the debt in question.
The order must be
regarded as final for the purpose of appeal to this Court. [206 H-207 CJ
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 950 of
1965.
Appeal by special leave from the judgment and order dated
February 1, 1965 of the Bombay High Court (Nagpur Bench)
at Nagpur in Misc. Application No. 13 of 1965.
C. B. Agarwala, B. R. L. Iyengar, G.· L. Sanghi and A. G.
Ratnaparkhi, for the appellant.
M. S. Gupta, for respondent No. 1
D. R. Prem and B. R. G. K. Achar, for respondents Nos. 2
and 3.
·
The judgment of the Court was delivered by
Hidayatullah, J. This is an appeal by special leave against an
order dated February 1, 1965 of the High Court of Bombay
(Nagpur Bench) in Miscellaneous Petition No. 13 of 1965 refusing a certificate under Art. 133(1) (a) or (c) of the Constitu·
tion. This certificate was asked by the appellants in respect of the
o'.d~r of t_he _High Court dated September 21, 1964 in Special
C1v!I App!Jcahon No. 471 of 1964. Both these orders summariiv
dismissed the respective petitions. Against the main order Special
200
SUPREME
COURT
REPORTS
[1966] .1 SC.R.
Leave Petition (Civil) No. 395 of 1965 has been filed but by
an order of this Court dated July 30, 1965, it has been kept pending sine die with liberty to bring it up for hearing after the disposal of the prc,cnt appeal. This is because the appellants claim
in this appeal lhat appeal lay as of right to this court and the
certificate was wrongly refused by the High Court.
Before
we
discuss the question mooted before us we shall state the facts
sufficient for the purpose.
On the passing of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals. Alienated Lands) Act, 1950,
th.: appellants applied under s. 19( 1) of the Act for the deteraination of their debts, specifying the amounts and particulars of
all secured debts and claims together with the name> of
tac
creditors. One such creditor, named by them, is Gendalal MotiA
B
c
lal J.'atni who is the first respondent.
His debt was a mortgage
debt originally but had resulted in a decree for Rs. 2,16,309.
Pat!!.i objected that this had ceased to be a secured debt or
secured claim for the application of s. 17 (a) of the Abolition Act.
D
The objection was taken under s. 21.
The Claims Officer overruled the objection of Patni by
an
order dated November 19, 1951. He held that although the debt
had merged in a decree it remained a secured debt nevertheless
and that as the amount was recoverable on the date of ve.-ting, the
E
provisions of the Act were applicable to it. By another order of the
same date the Claims Officer called upon Patni to file his statement of claim under s. 22 of the Act. Patni did not file the statement but instead preferred an appeal against the main order
before the fonner Madhya Pradesh Board of Revenue. The Board
of Revenue held on June 15, 1954 that the Claims Officer had no
•·
jurisdiction to determine the character of the debt and only the
Civil Court could decide this issue.
In reaching this conclusion
the Board followed a decision of the Nagpur High Court rep'1rted
in Ramkrislma v. Board of Revenue(').
Patni next moved the Civil Court and the Civil Court decided
that the debt in question was a secured debt for the application of
the Abolition Act.
Patni appealed to the High Court but out of
caution filed his statement of claim before the Claims Officer on
January 23, 1958. The ex-proprietors
(the appellants here)
objected to the statement on the ground that it was out of time
and asked that the claim be held discharged. The Claims Officer
accepted the objection and discharged the claim by an order dated
(I) A.l.R. t954 Nag. 248.
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1
RAMESH v. G. M. PATNI (Hidayatullah !.)
201
A December 24, 1962. Patni appealed to the Commissioner, Nagpur Division, Nagpur (Rev. Appeal No. 2/57 /62/63) and by an
order of May 5, 1964 the order of the Claims Officer was set
aside.
The Commissioner pointed out that the decision of the
Nagpur High Court earlier referred to was overruled in the subsequent case of the High Court reported in A.I.R. 1956 Nagpur 193
B and the Claims Officer had jurisd 'ction to pronounce on the character of the debt. The order of the Claims Officer of November 19, 1951 was thus held to have revived but the claim could
not be discharged as action under s. 22 ( 1) had not been taken.
The case was remanded to the Claims Officer for disposal accordC ing to law.
The appellants thereupon filed a petition under Arts. 226 and
227 of the Constitution in the High Court of Bombay (Nagpur
Bench) on the ground that the Commissioner had no jurisdiction .
to entertain and decide the appeai and that the Claims Officer had
ordered the continuation of the proceedings and so the order of
D
the Commissioner was w/ong.
The High Court summarily dismissed the petition by its first order dated September 21, 1964
against which Special Leave Petition (Civil) No. 395 of 1965
has been filed.
The appellants next applied for
a certificate
which was refused by order dated February 1, 1965, impugned
in the present appeal, and the question involved is : whether the
E
appellants were entitled to a certificate as of right under Art. 133
(1 )(a) or (b) ?
F
G
H
This question falls to be considered under Art·. 133 of the
constitution.
That article reads :
133. Appellate jurisdiction of Supreme Court in
appeals from High Courts in regard to civil matters.
( 1) An appeal shall lie to the Supreme Court from
any judgment, decree or final order .in a civil proceeding of a High Court in the territory of India if the High
Court certifies-
(a) that the amount or value of the subject-matter
of the dispute in the court of first instance and
still in dispute on appeal was and is not less than
twenty thousand rupees or such other sum as
may be specified in that behalf by Parliament
by law; or
(b) that the judgment, decree or final order involves
directly or indirectly some claim
or question
19 Sup CI/66-J.1
202
SUPllEME
COURT
P.EPOllTS
[ 1966] 3 S.C.R.
respecting property of the like amount or value;
or
( c) that the case is a fit one for appeal to the Supreme Court; and, where the judgment, decree
or final order appealed from affirms the decision
of tho court immediately below in any case other
than a case referred to in sub-clause ( c). 1f
the High Court further certifies that the appeal
involves some substantial question of law.
(Clauses (2) and (3) of Art. 133 are not relevant).
Under sub-els. (a) and (b) of cl. (I) of this article an appeal
lies on certificate of the High Court.
Tha~ certificate may only
be issued in cases in which the amount or value of the subject
. matter of the dispute in the court of first instance and still in dispute on appeal to the Supreme Court was or is not less than Rs.
20,000 or the Judgment, decree or final order involves directly
or indirectly some claim or question respecting property of the
like amout or value.
Sub-clause ( c) is free from any monetary
valuation, and under it a special certificate can be issued even in
cases involving claims or questions respecting properly less than
Rs. 20,000 if the High Court considers the case as fit for appeal.
Other considerations then apply which need not be considered
here. The present appeal involves a consideration of sub-els. (a)
and (b) only, because, it is submitted, the certificate was claimable as of right.
There is, to begin with, no doubt that the amount or value of
A
B
c
ll
the subject matter of the dispute in the High Court and still in
dispute on appeal to this Court is well above Rs. 20,000.
This
F
attracts sub-cl. (a). In any event, the decision of the High Court
mvolves directly or indirectly a claim above that amount and that
attracts sub-cl. (b). Mr. M. S. Gupta for the answering respondent docs not rightly contest this fact. He submits that cl. (I) of
Art. 133, considered as a whole, gives a right of appeal only
against judgments, decrees or final orders passed by !he High G
Court in the exercise of either the appellate jurisdiction or ordinary original civil jurisdiction (where a High Court possesses that
jurisdiction under its Letters Patent) but not against a judgment,
decree or final order cpassed in the exercise of extra-ordinary
original civil jurisdiction under Art. 226 of the Constitution. He
further submits that an order dismissing summarily a petition
11
under Art. 226 of the Constitution is not a judgment. decree or
final order from which an appeal can properly be brought under
(
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RAMESH v. G. M. PATNI (Hidayatullah J.)
203
Art. 133.
Lastly, he submits that a proceeding co=enced on
an application for a writ is not a civil proceeding at all.
Article 133 must cover all civil proceedings because no exception is indicated.
The question is whether the proceeding in
tire High Court Cl!n be described as civil proceedings. The High
Court in the present case was invited to interfere by issuing writs
of certiorari and prohibition against the reopening of the case in
which the Claims Officer had discharged a debt due to the answering respondent.
The· revenue authorities in such matters act
analogously to civil courts, have a duty to act judicially, and pronounce upon the rights of parties. In the present case the Claims
Officer purported to exercise a jurisdiction under which he could
order the discharge of a debt which means that the order affected
the civil rights of the parties. The Commissioner's order reversing the order of the Claims Officer also affected the same civil
rights of the parties. The proceedings before the revenue authorities thus were concerned with the civil rights of two contending
parties.
They were civil proceedings. The proceedings in the
High Court must also be regarded as of the same nature.
The
term civil proceeding has been held in t.i:tis Court to include, at
least, all proceedings affecting civil rights, which are not criminal.
The dichotomy between civil and criminal proceedings made by
the Civil Law jurists is apparently followed in Arts. 133 and 134
E and any proceeding affecting civil i.e. private rights, which is not
criminal in nature, is civil. This view was expressed recently by
this Court in S. A. L. Narayan Row and another, etc. v. lshwarlal Bhagwandas and another, etc.('). Shah J, speaking for the
majority, first summarises all the provisions in the Constitution
bearing upon appeals to this Court -and after analysis, holds that
F the words "civil proceeding" are used in the widest sense, that in
contradistinction to criminal proceedings they cover all proceedings which affect directly civil rights.
A proceeding under Art.
226 for a writ to bring up a proceeding for consideration must be
a civil proceeding, if the original proceeding concerned civil rights.
Here the civil rghts of the parties were directly involved and the
G proceeding before the High Court was thus a civil proceeding.
The first requisite for the application of Art. 133(1) is thus
satisfied.
The n.ext question is what are the different kinds of decision~
from which appeals lie under Art. 133. Mr. Gupta's
contenH
tion that under that article an appeal can only lie in respect of a
judgment or decree or final order passed b the exercise of appel-
(1) A.l.R. 1965 S.C. 1818 : (1966] 1.S.C.R. 190
..
204
SUPREME
COURT REPORTS
[1966] 3 SC.R.
A
late or ordinary original civil jurisdiclion but not of ex1raordinary original civil jurisdiction, is not right.
He is apparently
harking back to the provisions for appeal in ss. I 09 and 110 of the
Code of Civil Procedure and inasmuch as appeals under those
sections were available against judgments, decrees and final orders
passed in the exercise of appellate or ordinary original civil jurisdictions only, he thinks, the same position continues still to obtain
B
and judgments, decrees or final orders passed in the exercise of the
extraordinary or.g.nal civil jurisdicti.u1 are excluded.
He seeks,
in other words, to iimit the opening words of Art. 133 (!) by
reference to the history of appeals to the Privy Council
under
ss. 109 and 110 of the Code of Civil Procedure.
In M1111icipal
C
Officer, Aden v. Abdul KtUim( 1) this distinction in fact was made
and the provisions of the amended cl. ( 40) of the Letters Patent
of the Bombay Hgh Court were called in aid.
Mr. Gupta cannot avail himself of the same argument in view of the use of the
words "any judgment. decree or final order in a civil proceeding
of a High Court" in the opening part of Art. 133(1).
Article
133 not only discards the distinction between
appeilate and
original jurisdictions but deliberately u•ed words which are as
wide as language can make them.
The intention is not only to
include all judgments, decrees and orders passed in the exercise
D
of appellate and ordinary original civil jur:sdiction but also to
make the language wide enough 10 cover other jurisdictions under
Ii:.
which civil rights would come before the High Court for decision.
The drafters of the Constitution were aware that a new jurisdiction was being conferred on the High Courts by Art. 226 of the
Constitution and proceedings before any court or Tribunal within
the jurisdiction of the High Court, including in appropriate cases
before Government would he broul!ht before the High Court and F
dealt with by issuing writs of certiorari, mandamus and prohibition.
That the new jurisdiction would often result in decisions
affecting civil i.e. private rights must have been apparent and the
need to provide for armeals to thi< Court from the determinations
of the Courts must have been equally obvious.
The right of
appeal to this Court is thus stated in general words in Arts. 132,
133 and no excention not mentioned in the articles can be implied.
G
Ca<es involving an interpretation of the Constitution are dealt
with in Art. 132.
That article covers all cases in which a High
Court certifie, that any judgment. decree or final order of
the H
High Court involves a substantfal question as to the interpretation
--- ,,_ ·-·- -·· ·-. -
(I) l.L.R. 28 Born. 292.
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RAMESH V. G. M. PATNI (Hidaya(ullah J.)
205
A of the Constitution. A certificate under that article may issue in
any civil, criminal or other proceeding to bring to appeal a judgment, decree or final order of the High Court. The reference to
"other proceedings" was considered necessary because there are
certain proceedings, which are not strictly civil or criminal in
nature and they may yet involve the interpretation of the constiB tution.
Article 132, therefore, omits no decision if a substantial
question as to the interpretation of the Constitution is necessary
to be decided, provided, of course, that the decision in respect of
which the certificate is asked or granted is "a judgment, decree
or final order".
c
Article 133, on the other hand, provides for appeals against
any judgment, decree or final order in a "civil proceeding". We
have explained what is meant by a civil proceeding and have held
that such proceedings must concern civil rights including those
arising from status as well as contract. Once that test is satisfied
the word "proceeding" is a word of very wide import. We have
D held that the proceeding in the High Court wa< a civil proceeding
and although it was for the exerc· se of ex<raordinary original
civil jurisdiction, the word "any" must take in a decision provided
it is a judgment, decree or final order.
Mr. Gupta, however, submits that the order of the High Court
E was not "a judgment, decree or final order" and gives two reasons.
He says that as the order said nothing about the merits of the
controversy it cannot amount to the kind of determination wh"ch
those words contemplate and that as it does not of its own force
affect the rights of the parties or finally put an end to the controversy it cannot be regarded as final.
F
There is no doubt that the order must possess a finality for
that is what the article itself says. It is also true that it has been
held that an order is not a final order, unless it finally disposes of
the rights of the parties and does not leave them to be determined
in the ordinary way or as it is said that if the suit is still a Jive suit
G in which the rights of the parties have still to be determ·ned, there
is no finality and no appeal lies. Mr. Gupta has brought to our
notice all the cases of the Judicial Committee and this Court in
which this test has been appfad.
The submissions of Mr. Gupta would have had considerable
force if we were considering the exerche of appellate or revis'onal
H jurisdictions of the High O~urt and the whole of the controversy
had not been decided by the High Court. An appeo.1 and a revision is a continuation of the original suit or proceeding and the
206
SUPREME COURT
REPORTS
[1966] 3 S.C.R.
finality must therefore attach to the whole of the matter and the
A
matter should not be a live one after the decision of the High Court
if it is to be regarded as final for the purpose of appeal under Art.
133.
••
We are concerned here with the exerc.se of extraordinary
original civil jurisdiction under Art. 226.
Under that jurisdiction. the High Court docs nol hear an appeal or revision.
The
High Court is moved to intervene <md to bring before itself, the
record of a case decided by or pending before a court or tribunal
or any authority within the High Court's jurisdiction. A petition
B
to the High Court invoking this jurisdiction is a proceeding quite
independent of the original controversy. The controvcr.;y in the
C
High Court, in proceedings arising under Art. 226 ordinarily is
whether a decision of or a proceeding before, a court or tribunal
or authority. should be allowed to stand or should be quashed.
for want of jurisdiction or on account of errors of law apparent on
the face of the record.
A decision in the exercise of this jurisdiction, whether interfering with the proceeding impugned or
declining to do so, is a final decision in so far as the High Court
is concerned because it terminates finally the special proceeding
before it.
But it is not to be taken that any order will be a final
order.
There are orders and orders.
The question will always
arise what has the High Court decided and what is the effect of
the order.
If. for example. the High Court declines to interfere
because all the remedies open under the law are not exhausted,
the order of the High Court may not possess that finality wh;ch
the article contemplates.
But the order would be final if the
jurisdiction of a tribunal is questioned and the High Court either
upholds it or does not. In either case the controversy in the High
Court is finally decided.
To judge whether the order is final
m
that sense it is no! alw:iys necessary to correlate the decision m
every case with the facts in controvc"y especially where
the
question is one of jurisdiction of the court or tribunal.
The
answer to the question whether the order is final or not will not
depend on ·vhether the controversy is finally over hut whether the
controversy raised before the High Court is finally over or not.
If it is, the·order will be appealable provided the other condit:on'
arc sati~fied, otherwise not.
In the present case the question raised was whether the
Commissioner had jurisdiction to set aside the discharge of the
debt ordered by the Claims Officer.
This jurisdiction was challenged hy the proceedings under Art. 226. The High Court sumD
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RAMESH V. G. M. PATNI (Hidayatullah, !. )
207
marily dismissed the petition. In other words, it upheld the jurisdiction and in the cfrcumstances it makes no difierence whether ·
the High Court pronounced a speaking order or not. By its decision the High Court has finally decided the question of jurisdiction.
It is obvious that if the High Court had decided to hold
that there was no jurisdiction, the debt would have stood discharged. The order once again revived the debt. Now the order
of the Commissioner was challenged on the ground of jurisdiction
in a separate proceeding. The High Court decided to dismiss the
petition and the order that was passed must be regarded as final
for the purpose of appeal to this Court. As the other requirements of the article were satisfied the High Court was in error
in refusing the certificate in this case.
The appeal must, therefore, succeed. The order dated Feb<
ruary 1, 1965 is set aside and the case will now go back to the
High Court for disposal according to law. The first respondent
shall bear the costs of the appellant.
Civil Miscellaneous Petition No. 2180 of 1965 was not pressed and is dismissed. There will be no order as to costs in this
petition.
Appeal allowed.