UNION OF INDIA Vs. HAFIZMOHD SAID

JUDGEMENT

(1.) This order will dispose of S.C.A. 229 and 235 of 1972.

(2.) This is an application under Article 133(1) (a) (b) and (e) A of the Constitution of India against the judgment of Full Bench dated March 2, 1972.

(3.) In a suit which was being tried by a learned single judge of this Court under its ordinary original civil jurisdiction, it was held that the suit with respect to two khasra numbers out of four was maintainable. The defendant appellant filed an appeal against this order of the learned single judge. The question raised before the bench was that as the order of the learned single judge was not one of those orders which were specified in Section 104 read with Order 43 Rule 1 of the Code of Civil Procedure, 1908, the appeal was not maintainable. The appellant had, however, contended that the appeal was maintainable in view of Section 10(1) of the Delhi High Court Act (26 of 1966) (hereinafter called the Act) which provided that where a single judge of the High Court of Delhi exercises ordinary original civil jurisdiction conferred by sub-section (2) of Section 5, an appeal shall lie from the judgment of the single judge to a Division court of that High Court. As the matter raised an important question of law the appeal was referred to a larger bench.