AIR 1954 SUPREME COURT 526

Supreme Court Of India

(From A. I. R. 1952 T. C. 120 (F. B.)

Hon'ble Judge(s): S. R. Das, Ghulam Hasan, B. Jagannadhadas , JJJ

(A) United State of Travancore and Cochin High Court Act (5 of 1125) , S.8, S.25— Applicability - Ordinance (2 of 1124) Cl. 8. Travancore High Court Act (4 of 1099 M.E.) , S.11, S.12— Constitution of India , Art.214— United State of Travancore and Cochin High Court Ordinance (2 of 1124) , Cl.8— The review application was made on 22-8-1946 to the Travancore High Court. The preliminary objection to the maintainability of the review application was decide on 29-6-1949 and was rejected. The Court of review then on 21-12-1951 dismissed review application on merits. The defendants obtained on 14-4-1952 special leave of the Supreme Court to prefer the appeal against the decision of the High Court. It was contended that in the changed circumstances the review application had become infructuous and should have been dismissed by the High Court 'in limine'. Held that the application for review was properly made to the Travancore High Court and the Travancore High Court had to decide whether to admit or to reject the application. The judgment to be pronounced on the application for review did not require, under any provision of law, to be confirmed by the Maharaja or any other authority. It was an proceeding properly instituted and was pending on the 1st July 1949 and consequently under section 8 of Ordinance No. II of 1924 had to be contin....