This Letters Patent Appeal was dismissed because the parties agreed the controversy was covered by a prior Division Bench judgment, making the appeal non-maintainable. No separate order on delay was passed.
Appeal dismissed as non-maintainable.
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 PUNJAB AND HARYANA AT CHANDIGARH.
LPA No. 761 of 2010 (O&M)
Date of Decision: July 5, 2010
Union of India and others
…Appellants
Versus
Ex Sep Dhan Dev
…Respondent
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR
HON’BLE MR. JUSTICE A.N. JINDAL
Present: Ms. Geeta Singhwal, Sr. Panel Central Govt. Standing Counsel, for the appellants.
M.M. KUMAR, J.
The instant appeal filed under Clause X of the Letters Patent is directed against the agreed order dated 7.9.2009, passed by the learned Single Judge while allowed CWP No. 6843 of 2009. The opening lines of the order shows that the counsel for the parties have agreed that the controversy was squarely covered by a Division Bench judgment of this Court in the case of Ex Sep Dalip Singh v. Union of India and others (CWP No. 2611 of 2003, decided on 6.9.2006). Accordingly, the appeal would not be maintainable. Consequently, the appeal fails and the same is dismissed.
Keeping in view dismissal of the appeal on merit, we are not inclined to pass any order on the application seeking condonation of delay in filing the appeal.
(M.M. KUMAR) JUDGE
(A.N. JINDAL) July 5, 2010 JUDGE
2
Pkapoor
1 issue framed by the court
Whether the appeal filed against the agreed order is maintainable when the controversy is covered by a prior Division Bench judgment.
Colour shows how this judgement treated each authority
Ex Sep Dalip Singh v. Union of India and othersFollowed¶15
Ex Sep Dalip Singh v. Union of India and others (CWP No. 2611 of 2003, decided on 6.9.2006)
Union of India and others
Ex Sep Dhan Dev
M.M. Kumar
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
