H R WOOL TRADING CO Vs. RAM LAL

JUDGEMENT

(1.) This Letters Patent Appeal came up originally before S. N. Andley, C. J. and Prakesh Narain, J. on February 19, 1974, for admission. Notice was ordered to the respondents by the Division Bench to show cause why the Appeal should not be admitted. An affidavit showing cause has been filed by the respondents, and the matter has now come up before us for admission. The respondents have raised a preliminary objection that the Letters Patent Appeal is not maintainable. We have heard the arguments of the learned counsel for both the parties, and we are of the opinion that the appeal is not maintainable for the following reasons.

(2.) A suit (No. 442 of 1973) was filed on the Original Side of this High Court for the recovery of Rs. 1,14,375.72 under Order 37 of the Code of Civil Procedure. On receiving notice of the same, the defendants to the suit filed an application, I.A. No. 3015 of 1973, under Order 37, Rule 3 and Section 151 of the Code of Civil Procedure for leave to appear and defend the suit. By an order, dated January 25, 1974, Avadh Behari, J. granted lae ve to the defendants to defend the suit on the condition that they deposit in the Court the amount claimed in the suit and costs within four weeks from the date of the order. Against that order, the petitioners filed the present appeal, L.P.A. No. 23 of 1974, under clause X of the Letters Patent.

(3.) From the facts narrated above, it is clear at the suit out of which this Letters Patent Appeal has arisen was filed in 1973 on the Original Side of this High Court. This High Court exercises ordinary Original Civil Jurisdiction by virtue of the provision in Section 5(2) of the Delhi High Court Act 1966. Section 10(1) of the said Act provides 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 the High Court of Delhi. In University of Delhi and another v. Hafiz Mohd. Said and others, AIR 1972 Delhi 102, (1) a Full Bench of this High Court held as under :-