Hon'ble Justice Arun Bhansali disposed of connected second appeals against Gram Nyayalaya judgments. The court held they were not maintainable under the Gram Nyayalayas Act but directed their conversion into writ petitions after complying with requirements.
Directing registration of the appeals as writ petitions after compliance with requirements.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Second Appeal No. 228/2016
Smt. Manju W/o Ganpat Lal, Sawa, Tehsil And District Chhitorgarh.
----Appellant
Versus
----Respondents
Connected With
S.B. Civil Second Appeal No. 244/2016
Satyanarain S/o Mangilal, R/o Sawa, Tehsil And DistrictChittorgarh
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. V.N. Kalla. For Respondent(s) : Mr. S.L. Jain.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
08/02/2021
These appeals are directed against the judgment dated 19.8.2016 passed by the District Judge, Chhitorgarh, whereby, judgments and decree dated 28.9.2015 & 30.9.2015 passed by Gram Nayayalaya, Chittorgarh, have been upheld.
(2 of 2)
[CSA-228/2016]
Learned counsel for the respondents submitted that the present second appeals under Section 100 CPC are not maintainable in view of provisions of Section 34(6) of the Gram Nyayalayas Act, 2008 (‘the Act’).
Provisions of sub-section (6) of Section 34 of the Act provide that decision of the District Court under sub-section (4) shall be final and no appeal or revision shall lie from the decision of the District Court, however, judicial remedies available under Articles 32 and 226 of the Constitution of India, have been provided as exceptions. In view thereof, the present second appeals are not maintainable.
Learned counsel for the appellants prayed that the present second appeals may be converted into writ petitions.
In view of the submissions made, office is directed to register the present second appeals as ‘S.B. Civil Writ Petitions’ after the appellants comply with the requirements for converting the same into writ petitions.
For statistical purposes, the second appeals stand disposed of.
(ARUN BHANSALI),J
89-90-Sumit/-
2 issues framed by the court
Whether second appeals filed under Section 100 CPC against judgments of Gram Nyayalaya and District Court are maintainable when Section 34(6) of the Gram Nyayalayas Act renders such decisions final.
Whether the second appeals can be converted into writ petitions under Articles 226 or 32 of the Constitution.
2 provisions across 2 enactments
Smt. Manju W/o Ganpat Lal
1. Shankersingh S/o Narwarsingh
2. Smt. Suraj Kanwar
Satyanarain S/o Mangilal
1. Shankersingh S/o Narwarsingh
2. Smt. Suraj Kanwar
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
