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PETITIONER: SARDAR SYEDNA TAHERSAIFUDDIN SAHEB
Vs.
RESPONDENT: THE STATE OF BOMBAY
DATE OF JUDGMENT: 27/11/1957
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA BOSE, VIVIAN DAS, SUDHI RANJAN (CJ) DAS, S.K. SARKAR, A.K.
CITATION: 1958 AIR 253 1958 SCR 1010
ACT: Practice-Appeal-Maintainability---Suit based on Personal right-Death of plaintiff pending appeal-Bombay Prevention of Excommunication Act, 1949 (Bombay XLII of 1949). Supreme Court-Appeal against interlocutory finding- Certificate by High Court-Competence-Constitution of India, Arts, 132, 133.
HEADNOTE: The appellant as the religious head of his community ex- communicated T who thereupon filed a suit for a declaration that the order of excommunication was invalid. When the suit was pending the Bombay Prevention of Excommunication Act, 1949, was passed and one of issues raised in the suit was whether the order of excommunication was invalid by reason of the provisions of the Act. This issue was tried as a preliminary issue and (1) (1948) L.R. 75 I. A. 30. 128 1008 as it raised the question of the vires of the Act, the State of Bombay was impleaded as the second defendant in the suit. The Bombay High Court decided the issue against the appellant, but granted a certificate to appeal to the Supreme Court under Arts. 132 and 133 Of the Constitution of India. Pending the ap...