AIR 1987 ALLAHABAD 162 ::1986 ALL. L. J. 1376 ::(1986) 12 All LR 547 ::1986 All CJ 684 ::(1986) All WC 975 ::(1987) 4 ServLR 170 ::(1986) UPLBEC 617

Allahabad High Court

Hon'ble Judge(s): N. D. Ojha, D. N. Jha, Amitav Banerji , JJJ

United Provinces High Courts (Amalgamation) Order (1949) , Cl.14— Allahabad High Court Rules (1952) , Chap.5 R.1— Writ petition filed in Lucknow Bench of Allahabad High Court - Ordered to be presented at Allahabad as no part of cause of action had arisen within erstwhile Oudh - Appeal to Supreme Court - Direction to Lucknow Bench to entertain petition issued as 'functioning of Court at Allahabad was paralysed due to strike - Strike called off - Order passed by Chief Justice to transfer petition from Lucknow to Allahabad - Held order of Chief Justice was not without jurisdiction. A writ petition was filed in the Lucknow Bench of the Allahabad High Court. A Division Bench of the Court apparently on the view that as no part of the cause of action had arisen within any of the districts of the erstwhile Oudh, the writ petition could not be presented or entertained in the Lucknow Bench of the Court ordered the writ petition to be returned to the petitioner for being presented to the High Court at Allahabad. Aggrieved by that order the petitioner filed a Special Leave Petition before the Supreme Court. The Supreme Court while permitting withdrawal of the Special Leave petition directed that as the High Court at Allahabad was not functioning due to strike of advocates the petition may be re-presented to the Lucknow Bench and the Lucknow Bench shall entertain the mat....