LAWS(GJH)-2001-1-50

SONIA JOSEPH GONSALVES Vs. JOSEPH AVROZ GONSALVES

Decided On January 23, 2001
SONIA JOSEPH GONSALVES Appellant
V/S
JOSEPH AVROZ GONSALVES Respondents

JUDGEMENT

(1.) By this Letters Patent Appeal under Clause 15 of the Letters Patent, the appellant-original petitioner has assailed the order passed by learned Single Judge in Misc. Civil Application No.2245/2000, reviewing the earlier order dated 10.11.2000, which was recorded in a common order disposing of three Revision Application Nos.505/99, 1707/99 and 1718/99, inter alia contending that the impugned order is totally perfunctory, without application of mind and exparte.

(2.) Before we examine the merits of the appeal, the main issue which would require consideration and adjudication is as to whether the appeal under Clause 15 is maintainable or not? On this point we have heard learned advocate for the appellant threadbare, and he has contended that the rejection of the review application though is recorded in three review applications, which is a common order, it is in exercise of the original jurisdiction of the learned Judge of this Court. It was, therefore contended that Clause 15 will be attracted and Letters Patent Appeal is competent.

(3.) It is an admitted fact that the three Civil Revision Applications came to be disposed of in absence of the learned advocate for the appellant. At this stage it would be expedient to refer to the provisions of Clause 15 of the Letters Patent which reads as follows: