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Report No. 44

9. Position under the Constitution.-

The provision in Article 133 of the Constitution is supplemented by Article 136, which enables the Supreme Court to grant special leave to appeal to it from any decision of any court or tribunal in India. Civil appeals to the Supreme Court thus fall into two broad categories:

(i) those found fit by the High Court or the Supreme Court, and

(ii) those involving property or subject-matter worth Rs. 20,000 or more.

The first category is readily understandable; but the second, we think, is not, except on the ground that such has been the arrangement for a long time. We feel it is now time to take a second look at this arrangement. Forgetting the Supreme Court for a moment, it is clear that otherwise the Code of Civil Procedure contemplates only one appeal on facts, and section 100 of the Code expressly bars a second appeal except on a question of law.

The result is that, if a District Judge hearing an appeal arrives at a finding of fact whether affirming or reversing the finding of the Court below, that finding of the District Judge is final, and cannot be disturbed by the High Court: should a High Court interfere with such a finding, the Supreme Court does not hesitate to quash the High Court's decision. In the circumstances, it is not easy to appreciate the rule that, if a High Court reverses a finding reached by the lower Court, that finding of the High Court is not final if the subject-matter of the litigation is worth a good deal of money.

Appellant Jurisdiction of the Supreme Court in Civil matters Back

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