1907 (2) TMI 1

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..... nd for this refusal was that the appellant had failed to satisfy the Court that he had sufficient cause for not presenting the appeal within the period of limitation. The decree from which it was then desired to appeal was one passed by a single Judge in the exercise of the High Court's original civil jurisdiction. 3. The question now arises whether we have power to grant the leave sought. .....

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..... Then can it be said that this is a final decree passed by a High Court in the exercise of Original Civil Jurisdiction ? 9. The meaning of the words Original Civil Jurisdiction is made clear by Clause 12 of the Letters Patent read with Clause 15. The application was made not to a Judge exercising Ordinary Original Civil Jurisdiction, but to the High Court, represented by a Bench of two Judges, a .....

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..... son it would seem that in that case there had been a dismissal of the appeal and that clearly would be a final decree passed on appeal. 14. Therefore it appears to me we have no jurisdiction to give the leave sought either under Clause (a) or Clause (b) of Section 595 and it is on those clauses alone that the applicant has relied. 15. The application will be dismissed with costs. - - Tax .....

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