The Bench held that an appeal under Clause 10 of the Letters Patent cannot be filed against an order passed by a learned Single Judge under Article 227 of the Constitution of India, as such an order is not a pure judicial determination but rather a supervisory exercise.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1063 of 2015
In
Civil Writ Jurisdiction Case No. 6096 of 2013
====================================================== Rajbansh Ram Son of Moti Ram, Resident of village- Jadopur, Post OfficeSaitha, Police Station- Sonhan, District- Kaimur (Bhabua).
.... .... Appellant/s Versus
====================================================== Appearance :
For the Appellant/s : Mr. Prabhu Narayan Prabhakar For the Respondent/s : Mr.
======================================================
CORAM: HONOUARBLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)
2 22-05-2015 This Appeal is preferred against the order dated 25.6.2013 passed by the learned Single Judge in CWJC No. 6096
Patna High Court LPA No.1063 of 2015 (2) dt.22-05-2015
2/2
of 2013. The writ petition in turn was filed against the order dated 19.1.2013 passed by Misc. Case No. 21 of 2009 by the learned Munsif, Bhabua through which he has set aside the order, dismissing Title Suit No. 287 of 1998. The appellant was a defendant in the suit, and he opposed the restoration of the same.
The learned Single Judge dismissed the writ petition taking the view that the order passed by the learned Munsif is purely discretionary in nature.
Heard Sri Prabhu Narayn Prabhakar, learned counsel for the appellant.
It is not in dispute that the writ petition was filed under Article 227 of the Constitution of India, almost as a revision. Clause 10 of the Letters Patent does not permit an appeal from such an order.
Therefore, we reject this Appeal. Interlocutory application shall stand disposed of. There shall be no order as to costs.
(L. Narasimha Reddy,CJ)
(Sudhir Singh, J)
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1 issue framed by the court
Whether an appeal under Article 226 of the Constitution of India can be preferred against an order made under Article 227.
Rajbansh Ram
Lalan Ram
Tribhuwan Ram
Karpura Kuwar
Raju Ram
Khakhnu Ram Dusadh
Chief Justice
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
