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Lalji Tandon Vs. Sripat Rai - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Case NumberSpecial Appeal (L.P.A.) No. 37 of 1951
Judge
Reported inAIR1958All105
ActsCode of Civil Procedure (CPC) , 1908 - Sections 95 and 104
AppellantLalji Tandon
RespondentSripat Rai
Appellant AdvocateJ. Swarup, Adv.
Respondent AdvocateS.P. Kumar and ;D. Sanyal, Advs.
DispositionAppeal dismissed
Excerpt:
civil - scope of order passed by high court - para 10 of letters patent (allahabad) - order under section 95 of code of civil procedure, 1908 passed by single judge of high court in its revisional jurisdiction - held, para 10 of the letters patent does not allow an appeal against an order of a single judge in exercise of revisional jurisdiction. - .....appeal against an order of a learned single judge passed on an application in connection with a civil revision.2. the facts leading to this appeal are that a revision was filed in this court against an order of a small cause court. during the pendency of the revision an order of injunction was issued by this court at the instance of the plaintiff, the present appellant, against the defendant, the present respondent, restraining him from disposing of his immovable assets. the ex parte injuncton order was vacated on the objection ot the defendant, the present respondent.the defendant-respondent, then filed an application under section 95 of the code of civil procedure for recovery of compensation from the plaintiff-appellant on whose application the injunction order had been issued and.....
Judgment:

Raghubar Dayal, Ag. C.J.

1. This is a special appeal against an order of a learned single Judge passed on an application in connection with a Civil Revision.

2. The facts leading to this appeal are that a revision was filed in this Court against an order of a Small Cause Court. During the pendency of the revision an order of injunction was issued by this Court at the instance of the plaintiff, the present appellant, against the defendant, the present respondent, restraining him from disposing of his immovable assets. The ex parte injuncton order was vacated on the objection ot the defendant, the present respondent.

The defendant-respondent, then filed an application under Section 95 of the Code of Civil Procedure for recovery of compensation from the plaintiff-appellant on whose application the injunction order had been issued and who had Suppressed certain important facts which it known would not have led to the issue of the injunction order. This application was allowed by the learned single Judge who awarded Rs. 300 as compensation to the defendant-applicant in the revision proceedings. The present appeal is against this order. Later on the revision application was dismissed.

3. It is clear from the narration of facts that the order appealed against was passed by the learned single Judge in the exercise of revisional jurisdiction of this Court. Para. 10 of the Letters Patent does not allow an appeal against such an order of a learned single Judge. This is not disputed for the appellant.

4. Our attention has been drawn to Section 104 of the Code of Civil Procedure, which allows an appeal against an order under Section 95 of the Code of Civil Procedure. This provision, in our opinion, has no bearing on the maintainability of the present appeal. The order of the learned single Judge is the order of the High Court, The present appeal is filed in view of the special provisions with respect to certain orders of a learned single Judge being appealable as laid down in para. 10 of the Letters Patent.

Section 104 of the Code of Civil Procedure contemplates appeals from one Court to the Court to which appeals are preferred from its orders. The Code of Civil Procedure does not contemplate an appeal from the order of a single Judge of this Court to another Bench of this Court, and, therefore, this appeal cannot be held to be maintainable.

5. We, therefore, dismiss the appeal. In the circumstances of the appeal we make no orders as to costs.


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