AIR 1965 GUJARAT 87 ::(1964) 5 GujLR 769 ::ILR (1964) Guj 894

Gujarat High Court

Hon'ble Judge(s): N. M. Miabhoy, J. B. Mehta , JJ

States Reorganisation Act (37 of 1956) , S.49, S.50, S.52, S.59(3), S.2(i), S.2(d), S.2(g), S.199— Bombay Re-Organisation Act (11 of 1960) , S.28, S.37— High Court of Judicature Ordinance for State of Saurashtra (1348) , S.22A(2)— Letters Patent (Bom) , Cl.15— Constitution of India , Part VI, Art.214, Art.233, Art.238, Art.225— Suit filed in Saurashtra area decided before 01-11-1956 - First appeal of Saurashtra High Court - During pendency of appeals. States Reorganisation Act coming into force and Saurashtra H. C. abolished - Area transferred to Bombay H. C. - First appeals decided by Single Judge of Bombay high Court sitting at Rajkot - Letters Patent Appeals filed - During pendency Bombay Reorganisation Act coming in to force and Gujarat High Court established - Letters Patent Appeal transferred to Gujarat High court - Appeals held not maintainable without certificate as required by S.22-A, of High Court of Judicature Ordinance for the State if Saurashtra. The litigation in each of the Letters Patent appeals filed before the High Court of Gujarat stated before the 1st November 1956 in the Saurashtra area. The original suits m Letters Patent Appeals Nos. 2 of 1960, 8 of 1960 and 10 of 1960 were all decided before the 1st of November 1956. The original suits in the other three Letters Patent Appeals Nos. 9 of 1960, 16 of 1960 and 17 of 1960 were decided aft....