MANJIT SINGH Vs. PUNJAB AND SIND BANK

JUDGEMENT

(1.) This is an appeal preferred by the two appellants against the judgment of the learned single Judge dated 24.1.94 in I.A 2157/91 in Suit No. 1440 of 1983 granting a final decree for sale in a mortgage suit filed by the respondent (the Punjab & Sind Bank) under Order 34 Rule 5 of the Code of Civil Procedure.

(2.) Under the impugned judgment dated 24.1.994 the learned Single Judge passed a final decree for sale under Order 34 Rule 5 of the Code of Civil Procedure with regard to the immovable property known as M- 47, Greater Kailash-I, New Delhi.

(3.) This appeal preferred (otherwise than u/s 96 of the Code of Civil Procedure) under Section 10 of the Delhi High Court act is, in our opinion, incompetent for the appellants ought to have filed a regular first appeal (RFA) against the judgment and decree of the learned Single Judge paying the requisite court fee. Section 10 applies to appeals against orders which amount to 'judgments' and the provisions of Section 10 are analogous to the Letters Patent. But here, in as much as the judgment and final decree under Order 34 Rule 5 Civil Procedure Code are passed by the learned single Judge on the original side of the Court, an appeal ought to have been filed as a regular first appeal. The present appeal is incompetent.