2001 (5) TMI 958 - SC - Indian Laws

Summary

Issues:
1. Maintainability of Letters Patent Appeal against the order of a learned Single Judge of the High Court.
2. Interpretation of Clause 10 of the Letters Patent of Patna High Court regarding appeals from judgments of one Judge.

Issue 1: Maintainability of Letters Patent Appeal:
The appeal in question was against the judgment and order of the Division Bench of the High Court of Judicature at Patna, which held that the Letters Patent Appeal was not maintainable. The key question was whether the Letters Patent Appeal No.599 of 1998 filed against the order of a learned Single Judge of the Patna High Court was maintainable. The appellant contended that under clause 10 of the Letters Patent of Patna, an appeal against the order of a learned Single Judge would lie to the High Court. On the other hand, the respondents argued that the Letters Patent Appeal was not maintainable. The Court analyzed the relevant provisions and precedents to determine the maintainability of the appeal.

Issue 2: Interpretation of Clause 10 of the Letters Patent:
The Court delved into a detailed analysis of Clause 10 of the Letters Patent of Patna High Court to interpret the provisions regarding appeals from judgments of one Judge. The clause classified judgments of one Judge into two groups for appeal purposes. The first group included judgments from which appeal would lie to the High Court, while the second group encompassed judgments passed in second appeal. The Court discussed exclusions from appealable judgments, such as judgments passed in exercise of appellate jurisdiction in second appeal and orders made in exercise of revisional jurisdiction. Various case laws were cited to support the interpretation of the clause, emphasizing the limitations on Letters Patent Appeals from judgments of one Judge in second appeal.

In conclusion, the Court held that the Letters Patent Appeal against the order of the learned Single Judge was maintainable under clause 10 of the Letters Patent of Patna High Court. The High Court's decision declaring the appeal as not maintainable was set aside, and the Letters Patent Appeal was restored for further consideration on merits. The appeal was allowed with no order as to costs, providing a comprehensive resolution to the issues raised in the case.