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Report No. 45

37. Minute of Hobhouse.-

We cannot do better than quote a minute which the Law Member in the Government of India had occasion to record a century ago.1

"In considering what limit should be assigned to the power of appealing, our leading maxim is, that it is the interest of the commonwealth to have an end of law suits. No man has a right to unlimited draughts on the time and money of the public in order to get his private affairs settled as he wishes. The State's duty is discharged when it has provided such a reasonable amount of attention and skill and honesty as will satisfy reasonable men that their causes have been decided, erroneously or otherwise, on the merits, and according to the best ability of the Judge, and so will prevent them from feeling that resentment of sheer injustice which drives people to take the law into their hands and to wage private war. Upon this principle all laws place some limits to litigation. And so have we placed limits to the power of appealing."

1. Hobhouse, Minute dated 5the September, 1872, on the Bill leading to the Privy Council Appeal Ac, 1874.

P.B. Gajendragadkar, Chairman.

V.R. Krishna Iyer, Member.

P.K. Tripathi, Member.

P.M. Bakshi, Secretary.

New Delhi 1,

Dated: 28th October, 1971.

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