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TMI Blog1992 (3) TMI 281X X X X Extracts X X X X X X X X Extracts X X X X ..... is court. The special appeal was filed on May 4, 1991. It was filed against the proceedings as recorded by this court dated March 26, 1991, regarding a proposed compromise. The case remained pending awaiting the result of the compromise, should there be any. The only aspect on the record of the special appeal which is relevant for this court is the interim order which had been granted. It is reproduced below : " 'Respondents' counsel not present though served. In the circumstances, the recording of compromise in O. S. No. 561 of 1985 on the file of the First Additional Civil Judge, Varanasi, is stayed for a period of two weeks, if not already recorded. List the special appeal on 17th May, 1991. (Sd.) B.P.J.R.C.J. (Sd.) R.R.K.T.J. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner was against proceedings which permitted parties to enter into a compromise and permitted the trial court to look into the compromise and pass such orders as may be necessary and just. No party was prevented from not entering into a compromise nor any party was precluded from objecting to the compromise. This court never gave any direction nor any decision finally disposing of the company petition. If that be the case then the question does arise whether the special appeal is maintainable against an order which is not a judgment. The court does expect the registry at the Stamp Reporter's office to discharge its obligation to report on court fees, limitation and cognizability so that the appellate court has the benefit of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e do further ordain that an appeal shall lie to the said High Court of Judicature Allahabad from the judgment ... of one judge of the said High Court ..". The special appeal in the Rules of the Court, 1952, cannot even be entertained, if it is not against a judgment. Such is the law on this aspect in the Charter which has established this High Court, a provision preserved in principle, in the Rules of Court, even today. But the occasion to seek an ad interim direction from this court has arisen because the applicants have not met with any success in the special appeal which they had filed. The record and the law standing thus, learned counsel for the petitioner submitted that he shall revert back to the trial court in accordance with th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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