Law: Letters Patent (Lahore), 1919

Section: 29

Letters Patent (Lahore), -----Cl. 29 Appeal to Federal Court does not lie from an order passed in revision by a Single Judge. No appeal lies to the Privy Council from an order, judg¬ment or decree made by a Single Judge of the Lahore High Court, in the exercise of its revisional jurisdiction. An appeal from a final , decree or order of a Single Judge made on revisional side, is excluded from the pur¬view of cl. 29 of the Letters Patent (Lahore). The word "otherwise" when read with the words "as afore¬said" which immediately follow it can have reference only to "any final , decree or order made in the exercise of original jurisdiction by the Judges of the High Court or any Divisional Court from which an appeal does not lie to the said High Court under the provisions contained in the Tenth Clause of these presents" and cannot, therefore, be interpreted so as to allow appeals to the Privy Council (now the Federal Court) from final s, decrees or orders of the High Court which are not appealable under the operative part of the Clause. Jay Chand Lai Babu v. Kamalaksha Chaudhury and others A I R 1939 P C 239 inapplicable. B. V. Satyanarayana Varaprasada Rao v. B. V. Bhashya¬karulu Rao A I R 1924 Mad. 399, Hanmant Shriniwas Deshpande v. Shriniwas Lakshmipati Deshpande A I R 1931 Bom. 503 and Parmeshwar Dayal Singh and others v. Brindaban Chandra Sardar and others A I R 1936 Pat. 106 ref. ORDER KHURSHID ZAMAN, J.---This is a petition for leave to appeal to the Federal Court against an order passed by me in the exercise of revisional jurisdiction of this Court. The learned counsel for the respondent has raised a preliminary objection that sec­tion 111 of the Code of Civil Procedure bars appeals to the Privy Council from the decrees or orders of one Judge of a High Court constituted by his Majesty by Letters Patent. Reliance was also placed on a number of rulings of which B. V. Stayanarayana Varaprasada Rao v. B. V. Bhashyhkarulu Rao (A I R 1924 Mad. 399) Hanmant Shriniwas Deshpande v. Shriniwas Lakshmipati Deshpande (A I R 1931 Bom. 503) and Prameshwar Dayal Singh and others v. Brindaban Chandra Sardar and others (A I R 1936 Pat. 106) are in point. The relevant portion…

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