The Privy Council constructed to mean that any application by a party to the Appellate Court to set aside or revise a decree or order of a Court subordinate thereto is an ‘appeal’ within the meaning of the above provision, even though it is irregular or incompetent, or the persons affected by the application to execute were not parties., or it did not imperil the whole decree or order. They refused to read into the words any qualification either as to the character of the appeal, or as to the parties to it.
Nagendra Nath vs. Suresh Chandra’. AIR 1932 PC 165 (A). Supreme Court considers that the word ‘appeal’ must be constructed in its plain and natural sense without the insertion of any qualifying words such as are intended to be introduced by the contention raised before us. There is yet another reason for not constructing the word ‘appeal’ in the manner suggested by the appellants and that is that the legislature in introducing this provision contemplated that industrial peace should not be disturbed so long as the matter was pending in the court of appeal, irrespective of the fact whether such an appeal was competent in law, if this were not the case, the parties could easily defeat the object of the legislature by errogating to themselves the right to decide about the competency of the appeal without reference to the court.”
Refer: AIR 1954 SC 73 : (1954) SCR 384 : (1954) CriLJ SC 351
Categories: Judicial Dictionary