Civil Appeal Nos
139474 54375 and 24279
Appeals from the Judgment and Order dated 22 5 1973 of the Allahabad High Court in Special Appeals Nos 2673 68272 and 50272
AND SPECIAL LEAVE PETITION CIVIL No 2152 of 1974
From the Judgment and Order dated 22 5 1973 of the Allahabad High Court in Spl
Appeal No 46972
J P Goyal and section K Jain for the Appellants in CA 139474
G section Chaterjee for the Petitioners in SLP 215274
A P section Chauhan and V C Prashar for the RR 3  4 in CA 1394 74
section N Andley Uma Datta and Tara Chand Sharma for the Appellants in CA 54375
R N Dixit for the Appellant in CA 24279
E C Agarwala for the Respondent in CA 54375
1208 The Judgment of the Court was delivered by CHANDRACHUD CJ
In view of the Judgment of this Court in State of Bombay vs Narothamdas Jethabhai  Anr1 Union of India vs Mohindra Supply Company2 and Ram Adhar Singh vs Ramroop Singh  Ors3 and in view of the fact that the Special Leave Petition filed against the judgment rendered by the High Court of Allahabad upholding the validity of the 1962 Act was dismissed by the Constitution Bench of this Court after an elaborate argument there is no substance in the contention that either the UP High Court Abolition of Letters Patent Appeals Act 1962 or the UP High Court Abolition of Letters Patent Appeals Amendment Act Act 33 of 1972 is unconstitutional
The challenge to these Acts on the ground of their unconstitutionality is therefore rejected
Learned counsel appearing on behalf of the appellants have very fairly conceded that position
Accordingly the Civil Appeals and the Special Leave Petition are dismissed
There will be no order as to costs
However the appellants may if so advised ask for special leave to appeal from the judgment of the learned single judge
We are sure that the delay caused in filing the SLPs in this Court will be condoned since the appellants were pursuing their remedy by filing these appeals in this Court
Learned counsel for the appellant in Civil Appeal No 54375 says that the appellant has already filed special leave petition Civil No 361 of 1976 in this Court challenging the decision of the learned single judge of the Allahabad High Court on the merits of the matter
He has also filed an application seeking leave of this Court for urging additional grounds and an application for condonation of delay in filing the Special Leave Petition
The petition for permission to urge additional grounds except on Constitutional points shall be treated as having been filed in the SLP
These three petitions will be listed before the Division Bench on 4 10 1979


Summary:
HELD  Neither the UP High Court Abolition of Letters Patent Appeals Act 1962 nor the UP High Court Abolition of Letters Patent Appeals Amendment Act 1962 is unconstitutional
1208C State of Bombay vs Narothamdas   Union of India vs Mohindra Supply Co  and Ram Adhar Singh vs Ramroop Singh  Ors   followed
The Court under its inherent powers condoned the delay in filing of SLP challenging the decision of the High Court on merits and allowed the petitioner to urge additional grounds except on constitutional points