Balkrishna Das & Ors. Vs. Sadhu Singh & Ors.
EmailAppeal: Civil Appeal No. of 1987.
(Arising out of SLP (C) No. 10129 of 1982.)
(Arising out of SLP (C) No. 10129 of 1982.)
Petitioner: Balkrishna Das & Ors.
Respondent: Sadhu Singh & Ors.
Apeal: Civil Appeal No. of 1987.
(Arising out of SLP (C) No. 10129 of 1982.)
(Arising out of SLP (C) No. 10129 of 1982.)
Judges: B.C.RAY & K. JAGANNATH SHETTY,JJ.
Date of Judgment: Dec 03, 1987
Head Note:
PRACTICE AND PROCEDURE
Letters Patent, clause 10 – M.P.Act No.29 of 1981 – Division Bench of the High Court summarily dismissed the appeal filed under clause 10 of the Letters Patent on the ground that M.P.Act has abolished the Letters Patent appeals in the State – The Full Bench of the High Court held in 1985 JLJ 140 that the State Legislature was not competent to make such enactment – In view of the Full Bench decision, the High Court directed to dispose of the appeal on merits.
JUDGEMENT:
O R D E R
1. Leave granted.
2. This appeal on Special leave is directed the judgment and order dated 30th August , 1982 made in Letters Patent Appeal No. 1 of 1982 filed under clause 10 of the letters Patent against the judgment and decree passed by a learned single judge in a regular first appeal decided on 21.4.1982. The Division Bench of Madhya Pradesh High Court held that M.P. Act No. 29 of 1981 abolishing Letters Patent appeals in the State was valid as such the Letters Patent Appeal was not maintainable. The appeal was summarily dismissed. However, a Full Bench of the said High Court rendered a decision reported in 1985 JLJ 140 holding that the State Legislature was not competent to make such an enactment abolishing Letters Patent Appeal. In view of the decision, the High Court is directed to entertain the said appeal and dispose it of on merits. The learned counsel appearing on behalf of the respondent has stated before us that the respondents will not raise any objection as to the maintainability of the appeal before the High Court. We accordingly, allow the appeal and set aside the order dated 30th August, 1982 passed by the High Court. There will be no order as to costs.
Appeal allowed.
1. Leave granted.
2. This appeal on Special leave is directed the judgment and order dated 30th August , 1982 made in Letters Patent Appeal No. 1 of 1982 filed under clause 10 of the letters Patent against the judgment and decree passed by a learned single judge in a regular first appeal decided on 21.4.1982. The Division Bench of Madhya Pradesh High Court held that M.P. Act No. 29 of 1981 abolishing Letters Patent appeals in the State was valid as such the Letters Patent Appeal was not maintainable. The appeal was summarily dismissed. However, a Full Bench of the said High Court rendered a decision reported in 1985 JLJ 140 holding that the State Legislature was not competent to make such an enactment abolishing Letters Patent Appeal. In view of the decision, the High Court is directed to entertain the said appeal and dispose it of on merits. The learned counsel appearing on behalf of the respondent has stated before us that the respondents will not raise any objection as to the maintainability of the appeal before the High Court. We accordingly, allow the appeal and set aside the order dated 30th August, 1982 passed by the High Court. There will be no order as to costs.
Appeal allowed.
