Petitions
P. Satyanarayana - 'Memorandum of suggestions in respect of deposit of costs in Civil Appeals to Federal Court'
5 April 1948.
This document is a memorandum dated 5 April 1948 from P. Satyanarayana Murti, a vakil based in Ellore, addressed to the President of the Constituent Assembly of India. Submitted in response to the public invitation to comment on the Draft Constitution, the memorandum focuses on the procedure and costs involved in civil appeals to the Federal Court. The author notes that following the termination of the Privy Council’s jurisdiction in civil appeals, the Federal Court had been temporarily vested with appellate jurisdiction pending the establishment of the Supreme Court. He argues that existing rules requiring appellants to deposit Rs. 4,000 towards respondents’ costs and Rs. 500 for printing—derived from Privy Council practice under the Civil Procedure Code—were unduly burdensome and inappropriate in the new constitutional context. He proposes reducing the required deposit or linking it to legal fees calculated on the minimum jurisdictional value for civil appeals proposed in the Draft Constitution. Emphasising that many applications for leave to appeal were pending before High Courts, the memorandum urges urgent action to ensure that access to the highest court is not restricted to wealthy litigants but remains available to the middle classes as well
Memorandum of suggestions in respect of deposit of costs in Civil Appeals to Federal Court
…
To
The President,
Constituent Assembly,
NEW DELHI.
Respected Sir,
As the public are asked to examine the draft constitution and make suggestions I beg to suggest some suggestions in respect of Civil appeals and deposits to Federal Court.
1. In the last December the jurisdiction of Privy Council in Civil appeals arising from the judgments of High Courts has been terminated and Federal Court has been invested temporarily with an appellate jurisdiction till a Supreme Court is established under new constitution.
2. I beg to submit that the appellant has to decpost deposit Rs.4,000/- as costs of respondent and Rs.500/- for printing under Order 45 of the Civil Procedure Code. I submit even now that the appellant has been directed to deposit the same amount within six weeks after granting such certificate of leave. As there is a change of jurisdiction the rules of Privy Council should not govern the Federal Court and this to be modified and issue instructions to the High Courts by reducing the deposit from Rs.4,000/- to Rs.2,000/– besides printing charges. Or in the alternative the appellant may be directed to deposit such amount as to be payable by him as legal fees on Rs.20,000/- which is fixed as minimum jurisdictional value for Civil appeals to Supreme Court in the Draft Constitution.
3. I respectfully submit that many petitions are pending before the High Courts for leave to appeal to the Privy Council. So I may request your Honour to take up this matter urgently and do the needful in the sitting Session of the Assembly so that the Justice of the Highest Tribunal may be available not only to the rich but also to the ordinary middle class. I need not remind your honour the benefit of any act of our Union Government should be equally beneficial to all classes.
I beg to remain,
Respected Sir,
Your most loyal citizen,
Sd/-P. Satyanarayana
Murti,
Vakil.
Ellore,
D/5.4.48.
1.Certain content in the document was unclear or incompletely written. The same has been marked as [unclear].
2.Typographical errors in the original document have been retained to ensure authentic reproduction of the original document.