TMI Blog2002 (4) TMI 987X X X X Extracts X X X X X X X X Extracts X X X X ..... Lucknow passed an order calling for a reply, within ten days. Subsequently, it appears that an application under Clause 14 of the U.P. High court (Amalgamation) Order, 1948 was filed before Hon'ble the Chief Justice and by an order dated 13-12-2001 Hon'ble the Chief Justice passed an order transferring the case to Allahabad. 3. This writ petition is a typical instance of how petitions which are not pertaining to Lucknow Bench at all, inasmuch as no part of the cause of action has arisen within Avadh area, are being filed in the Lucknow Bench of this Court and are unfortunately being entertained although the Lucknow Bench has no jurisdiction in the matter. This writ petition was filed against the impugned order dated 3-6-1988 whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... habad High Court. This is also evident from the fact that under the High Court Amalgamation Order 1948 a case filed at the Lucknow Bench (if within the jurisdiction of the Lucknow Bench) can be transferred under Clause 14 by the Chief Justice to Allahabad, but the petitions filed at Allahabad cannot be transferred to the Lucknow Bench. 6. Clause 14 of the High Court Amalgamation Order, 1948 reads as follows : The new High Court, and the judges and division Courts thereof, shall sit at Allahabad or at such other places in the United Provinces as the Chief Justice may, with the approval of the Governor of the United provinces, appoint. Provided that unless the Governor of the United Provinces with the concurrence of the Chief Just ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd its Judges shall sit at Allahabad or at such other places in U.P. as the Chief Justice with approval of the Governor may appoint. The mention of Allahabad here is significant. It clearly indicates that unless otherwise appointed in accordance with Clause 14 the principal seat of the High Court is at Allahabad. There is no order of the Chief Justice with approval of the governor that the seat of the High Court will be elsewhere. It is only under the first proviso to Clause 14 that the bench at Lucknow comes into existence, but it is well settled that a proviso cannot take away the efficacy of the main rule. 9. The second proviso to Clause 14 Clearly indicates that it is only cases which arise out of Avadh area, that is to say at least ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficiently and with due diligence. 12. We therefore direct that as soon as a case is filed, the Registry both at Allahabad and Lucknow should write a note on it stating whether any part of the cause of action has effectively arisen within the jurisdiction of that bench, and this note should not be made merely by looking at the array of parties. 13. We have compared the columns / seal of the stamp reporters on the petitions filed at Allahabad and Lucknow, and we find that they are different. Since it is one High Court in our opinion there should be uniformity, and a further column be added to indicate where the cause of action has arised. We may clarify that cause of action' means the bundle of facts which give rise to a right or l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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