Law: Civil Procedure Code (V of 1908)

Section: 4

Letters Patent (Lahore)------   ----Cl. 10-Appeal from judgment of Single Judge-"Judgment" - Test - Whether an order is "judgment" putting an end to proceeding-Order condoning delay (more than 2 years) in depositing amount of security and costs of appeal (to Supreme Court) under r. 7, O. XLV, Civil Procedure Code (V of 1908) read with r. 4, Part II. O. III, Supreme Court Rules, 1956-Held, not judgment but an ancillary order so not appealable under cl. 10, Letters Patent (Lahore)-Contrary order "disallowing" application for condoning delay, held, appealable (Letters Patent Bench did not go into the question whether Single Judge had power to extend time under r. 7, O. XLV, Civil Procedure Code read with r. 4, Part II, O. III, Supreme Court Rules, 1956 or whether condonation of delay was justified on facts) [T. V. Tuliaram Row v. M. K. R. V. Alagappa Chettiar I L R 35 Mad. 1 ; Firm Shaw Hari Dial & Sons v. Messrs Sohna Mal Beli Ram A I R 1942 Lah. 95 and Diwan Ghulam Rasul v. Diwan Ghulam Qutab-ud-Din A I R 1942 Lah. 147 ref.].   Dates of hearing: 13th and 14th January 1965.     JUDGMENT   SAJJAD AHMAD, J.-The facts of this Letters Patent Appeal briefly are these. The appellants instituted a Writ Petition (No. 988 of 1957) in this Court which was accepted with costs on the 15th of March 1960, and in consequence the order of the respondent, namely, the Controller of Estate Duty, which was challenged in the writ petition, was set aside. The respondents then filed an application under Articles 157 and 158 of the late Constitution of 1956, read with Order XLV, rule 2 of the Civil Procedure Code, praying that a certificate be granted that the case was a fit one for appeal to the Supreme Court of Pakistan. This prayer was granted on the 23rd of January 1961, in spite of the opposition of the appellants. Under Order XLV, rule 7 of the C. P. Code, the respondents had to furnish security in cash or Government securities in the sum of Rs. 2,000.00 for the costs of the appellants and also to deposit the amount required to defray the expenses of translation, transcribing, indexing, printing and transmitting to the…