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PETITIONER: GARIKAPATTI VEERAYA
Vs.
RESPONDENT: N. SUBBIAH CHOUDHURY
DATE OF JUDGMENT: 01/02/1957
BENCH: DAS, SUDHI RANJAN (CJ) BENCH: DAS, SUDHI RANJAN (CJ) BHAGWATI, NATWARLAL H. AIYYAR, T.L. VENKATARAMA SINHA, BHUVNESHWAR P. DAS, S.K.
CITATION: 1957 AIR 540 1957 SCR 488
ACT: Supreme Court, Appellate Jurisdiction of-- Decree in suit instituted prior to the Constitution reversed in appeal by High Court after the Constitution-Value of subject-matter short of twenty-thousand Appeal, if lies-Vested right of appeal-Constitution of India, Arts.133, 135.
HEADNOTE: This application for special leave to appeal arose out of a suit instituted on April 22, 1949, and valued at Rs. 11,400. The Trial Court dismissed the suit and the High Court in appeal reversed that decision on February 10, 1955. Application for leave to appeal to the Supreme Court was refused by the High Court on the ground that the value did not come upto Rs. 20,000. It was contended on behalf of the applicant that he had a vested right of appeal to the Federal Court under the law as it then stood and that Court having been substituted by the Supreme Court, he was as of right entitled to appeal to that Court under Art. I35 Of the Constitution. Held, (per Das C.J., Bhagwati, B. P. Sinha and S. K. Das jj., Venkatarama Ayyar J. dissenting) that the contention of the applicant was wel...