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PETITIONER: RAJA GANGA PRATAP SINGH
Vs.
RESPONDENT: THE ALLAHABAD BANK LTD., LUCKNOW
DATE OF JUDGMENT: 22/01/1957
BENCH:
ACT: Statute, Constitutional validity of-Whether a question of interpretation of the Constitution-Severability, if should be considered before deciding question of validity-Duty of Court-Code of Civil Procedure (V of 1908), s. 113 proviso- Constitution of India, Art. 228.
HEADNOTE: The respondent, a scheduled bank, sued the appellant for recovery of money under a mortgage. The appellant claimed reduction of the debt under the Uttar Pradesh Zamindari Debt Reduction Act, 1953. An advance or debt due to a scheduled bank was excluded from the definition of "debt" given in the Act. The appellant contended that the definition in so far as it excluded certain debts offended Art. 14 Of the Constitution as it made an arbitrary distinction between several classes of debtors. The appellant applied to the court under the proviso to S. 113 of the Code of Civil Procedure praying that a case be stated for the opinion of the High Court as to the validity of the impugned portion of the definition. The Court rejected the application. The appellant made an application in revision to the High Court and also an application under Art. 228 of the Constitution for withdrawing the case for a decision of the question of the validity of the def...