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Report No. 79

15.3. Himachal Pradesh.-

In regard to the erstwhile Union Territory of Himachal Pradesh, the hierarchy of courts was previously regulated by the Himachal Pradesh (Courts) Order, 1948, issued under the Extra Provincial JurisdictiolnAct, 1947, as then in force. After the Delhi High Court was established1 such jurisdiction as was exercisable in respect of the Union Territory of Himachal Pradesh by the Court of the Judicial Commissioner for Himachal, Pradesh was transferred to the High Court of Delhi, and it was also provided2 that the High Court of Delhi shall have, in respect of the territories for the time being included in the Union Territory of Himachal Pradesh, "ordinary original civil jurisdiction in every suit the value of which exceeds twenty-five thousand rupees, notwithstanding any thing contained in any law for the time being in force". The amount of twenty-five thousand rupees was raised3 to fifty thousand4 rupees in 1969.

Subsequently, on the creation of Himachal Pradesh as a State in 1970, th0-ligh Court of Himachal Pradesh was created as a separate High Court5 and succeeded to the jurisdiction of the Delhi High Court in relation to the Union Territory of Himachal Pradesh. That is how the High Court of Himachal Pradesh has come to be vested with ordinary original civil jurisdiction in every suit the value of which exceeds fifty thousand rupees.

1. Sections 17(1) and (2), Delhi High Court Act, 1966.

2. Section 17(3), Delhi High Court Act (26 of 1966).

3. Delhi High Court Amendment Act, 37 of 1969.

4. See para. 15.2, supra.

5. The State of Himachal Pradesh Act, 1970.



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