TMI Blog1966 (1) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... we discuss the question mooted before us we shall state the facts sufficient for the purpose. 2. On the passing of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, the appellants applied under s. 19(1) of the Act for the determination of their debts, specifying the amounts and particulars of all secured debts and claims together with the names of the creditors. One such creditor, named by them, is Gendalal Motilal Patni who is the first respondent. His debt was a mortgage debt originally but had resulted in a degree for ₹ 2,16,309. Patni objected that this had ceased to be secured debt or secured claim for the application of s. 17(a) of the Abolition Act. The objection was taken under s. 21. 3. 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 vesting, the 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 f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f right under Art. 133(1)(a) or (b)? 6. 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 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 the court immediately below in any case other than a case referred to in sub-clause (c). If the High Court further certifies that the appeal involves some substantial question of law. (Clauses (2) and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 this 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 and any proceeding affe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the distinction between appellate and original jurisdictions but deliberately used 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 of appellate and ordinary original civil jurisdiction but also to make the language wide enough to cover other jurisdictions under 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 be brought before the High Court and 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 appeals to this 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 exception not mentioned in the articles can be implied. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be determined, 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 applied. 15. The submissions of Mr. Gupta would have had considerable force if we were considering the exercise of appellate or revisional jurisdictions of the High Court and the whole of the controversy had not been decided by the High Court. An appeal and a revision is a continuation of the original suit or proceeding and the finality must therefore attach to the whole of the matter and the 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. 16. We are concerned here with the exercise of extraordinary original civil jurisdiction under Art. 226. Under that jurisdiction, the High Court does not hear an appeal or revision. The High Court is moved to intervene and 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 to the High Court invoking this jurisdiction is a proceeding quite independent of the origin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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