1901 (6) TMI 1

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..... er Majesty in Council, humbly prays that this Honourable Court may be pleased to grant certificate under Section 596 of the Code of Civil Procedure ; and then he sets out certain grounds. Then an order is said to have been passed in these terms by Knox J. and Banerji J.: Let certificate issue, that the case is a fit one for appeal to Her Majesty in Council. That was on January 20, 1898, and apparently on the same day the following certificate is made: The Court having had before it an application for leave to appeal to Her Imperial Majesty the Queen in Her Privy Council presented on behalf of the appellant aforesaid, it is certified that though the valuation of the case is below ₹ 10,000, yet as regards the value and nature of the .....

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..... l must involve some substantial question of law. It is noticed in the judgment of this Board, in the case to which their Lordships have just referred, that there was a prevailing impression in the High Court that the mere existence of a substantial question of law was sufficient to give the Court jurisdiction to give leave to appeal to Her Majesty in Council. Lord Hobhouse says: Their Lordships have found on previous occasions that the existence of a point of. law has been supposed to give a right of appeal in the ordinary course of procedure under the Code. That is a mistake. Section 596 of the Code requires that in order to give such a right there must be in dispute, either directly or indirectly, an amount of ₹ 10,000. If the decr .....

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..... Section 596, treating it as part of the ordinary ministerial jurisdiction of the Court; and no reasons are given, and no grounds are stated by the learned judges, for holding that, although it did not comply with Section 596, it was still a fit case to appeal to Her Majesty in Council. 6. Their Lordships, therefore, are not satisfied that the judicial mind of the Court has ever been applied to that question; still less that the certificate which was signed by the learned judges does not carry out what they intended to order and direct. 7. They will only add that if Mr. Mayne had been in a position, which he very fairly admitted he was not, to say that he could with any hope of success ask for special leave to appeal, their Lordships .....

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