MANU/UP/0497/1920

Equivalent Citation: AIR1920All161, 56Ind. C as.526

IN THE HIGH COURT OF ALLAHABAD

Decided On: 16.04.1920
Appellants: Raja Bahadur Raja Brij Narain Rai
Vs.
Respondent: Mangla Prasad Rai and Ors.
Hon'ble Judges/Coram:
Edward Grimwood Mears, C.J. and Pramoda Charan Bannerji, J.
Case Note:
Civil Procedure Code (Act V of 1908), Section 110 - Appeal to Privy Council-
-Question of general importance, what is.
JUDGMENT
1. The value of the subject, matter of the proposed appeal exceeds Rs. 10,000, but
this Court affirmed the decision of the Court below. We have, therefore, to see
whether the case involves a substantial question of law. The question of law, which
arises if, what constitutes antecedent debt so as to justify a transfer of joint family
property by the manager of the family in the case of a Hindu family governed by the
Mitakshara Law. This Court has applied in this case the observations of their
Lordships of the Privy Council in the case of Sahu Ram Chandra v, Bhup Singh 39
Ind. Cas. 280 : 39 A. 437 : 21 C.W.N. 698 : 1 P.L.W. 557 : 15 A.L.J. 437 : 19 Bom.
L.R. 498 : 26 C.L.J. 1 : 33 M.L.J. 14 : (1917) M.W.N. 439 : 22 M.L.T. 22 : 6 L.W.
213 : 44 I.A. 126 (P.C.) as contained in pages 447 and 448. The Madras High Court
in the Full Bench case of Arumugham Chetty v. Muthu Koundan 52 Ind. Cas. 526 : 42
M. 711 : 9 L.W. 565 : (1919) M.W.N. 409 : 37 M.L.J. 166 : 26 M.L.T. 96 have taken
a different view, and so have the Judicial Commissioners of Oudh in the case of
Ramman Lal v. Ram Gopal 47 Ind. Cas. 987 : 21 O.C. 200 : 5 O.L.J. 629. The Patna
High Court has held the same view as that adopted by this Court in the present case
and the judgment of the learned Judges of the Patna High Court was passed in the
case of Sukhdeo Jha v. Jhapat Kamat 51 Ind. Cas. 946 : 5 P.L.J. 120 : 1 P.L.T. 49 :
(1920) Pat. 67 : 2 U.P.L.R. (Pat.) 39. There is thus a conflict of opinion as to what
was intended by their Lordships of the Privy Council to be laid down in the case of
Sahu Ram Chandra v. Bhup Singh 39 Ind. Cas. 280 : 39 A. 437 : 21 C.W.N. 698 : 1
P.L.W. 557 : 15 A.L.J. 437 : 19 Bom. L.R. 498 : 26 C.L.J. 1 : 33 M.L.J. 14 : (1917)
M.W.N. 439 : 22 M.L.T. 22 : 6 L.W. 213 : 44 I.A. 126 (P.C.) and what is the effect of
the observation made by their Lordships in that case. It is desirable that the question,
which is one of general importance, be authoritatively settled. We, therefore, certify
that this case fulfils the requirements of Section 110 of the Code of Civil Procedure.

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