Law: High Courts (Punjab) Order, 1947

Section: 5,13,12

(a) High Courts (Punjab) Order, 1947 Articles 5 and 13­Appeal from order of Sub-Judge, Shakargarh, decided by Senior Sub­Judge, Gurdaspur, on 8th August 1947-Whether Second Appeal lies to High Court, Lahore, or East Punjab-Held, appeal lies to High Court, Lahore. Where, however, neither was there an appeal pending nor was the territory from which these appeals arise placed in the Province of East Punjab, the High Court at Lahore will continue to have by virtue of Article 3 of the High Court (Lahore) Order "all such original, appellate and other jurisdiction as it had immediately before that day". But even if there had been no express provision in the High Court (Lahore) Order to cover these cases, it is obvious that since the decrees in these appeals were passed on the 8th of August 1947, when the Court of the Senior Sub-Judge at Gurdaspur was subordinate to the High Court at Lahore, an appeal should ordinarily lie to the High Court at Lahore unless its power has been expressly taken away by any Order issued under the Indian Independence Act and since no such order has been issued, the High Court continues to enjoy its appellate powers. A I R 1948 Cal. 305 ; 52 C W N 203 and 53 C W N 491 referred to. (b) Indian Independence (Legal Proceedings) Order, 1947­ArticIe 4-Applies to pending cases. It will be observed that since the Senior Sub-Judge of Gurdaspur had passed the decrees on the 8th of August 1947, there were no pro­ceedings pending in that Court on the appointed day and consequently this Article will not apply. (c) Deed of compromise in suit-Words "the land" in the compromise deed means the land in that suit only. We have no hesitation in agreeing with the Courts below that the restriction does not apply to land other than that which was the subject ­matter of the suits. ORDER Cornelius, J.-These three second appeals arise out of three suits for joint possession instituted between the same parties in the Court of the Sub-Judge of Shakargarh, formerly part of Gurdaspur district. The suits having been decreed, the defendants appealed to the Senior Sub­Judge of Gurdaspur who dismissed the appeals on the 8th of August 1947. In order to determine whether the…

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