1942 (10) TMI 8

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..... Narain Anand v. The North-West Frontier Province). On 4th December 1941 this Court disposed of that appeal holding that the plaintiff was entitled to a declaration that he had not been effectively dismissed from office, and that he was entitled to his costs in this Court. As the suit had not been tried on the merits, the Court had to remit the case to the Judicial Commissioner's Court for suc .....

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..... itioner has now filed in this Court what purports to be an application under O. 43 of the Federal Court Rules and he therein asks this Court to vary the decree of the Judicial Commissioner's Court in certain particulars. This, he prays, should be done in exercise of the inherent powers of this Court. We are unable to hold that this Court has any jurisdiction to entertain this application. It i .....

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..... against the decree passed by the Judicial Commissioner's Court after the remand can, in our opinion, be entertained by this Court only on an independent appeal under S. 205 of the Constitution Act; and such an appeal must satisfy the requirements of that section. In this case no certificate under that section has been given or obtained. We may also add that it has not been shown to us that any .....

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..... itutional question and we do not see how this Court is entitled to deal with it at this stage. The direction as to costs is within the discretion of the Court and the direction as to the payment of the court fee has not even been shown to be improper except as to the method of calculating the amount payable. Though it is not open to this Court to give the plaintiff any relief on the question of co .....

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..... is interpretation of the plaint, the court-fee payable would only be a fixed fee for the declaratory relief and ad valorem fee on the higher of the alternative relief's, namely the claim for ₹ 75,000. We have no doubt that the plaintiff's grievance in respect of the arrears of pay for the period between the date of the institution of the suit and the date of his valid dismissal as we .....

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