BABULAL AMBALAL PATEL Vs. MANIBEN

JUDGEMENT

(1.) This Letters Patent Appeal is being sought to be preferred against the order of the learned single Judge made on 9- 3-1993 in Civil Application No. 514 of 1993, which was one for condonation of delay in filing a Second Appeal. The learned single Judge dismissed the Civil Application in the following terms : "No substantial question of law is made out. Therefore, C. A. is disposed of as dismissed. No orders as to costs." There is no declaration by the learned single Judge that the case is a fit one for further appeal.

(2.) The question that comes up for consideration on the basis of the Office Note is with reference to the maintainability of the Letters Patent Appeal. The learned single Judge was asked to consider the application for condonation of delay in preferring the Second Appeal. The papers in the Second Appeal, obviously, have been presented into the Court. The application for condonation of delay is part of the proceedings in the Second Appeal. Only by condonation of delay, the papers in the Second Appeal could be processed further and the Second Appeal could be prosecuted. If there is no condonation of delay there would not be an occasion to process further the papers in the Second Appeal and the same getting prosecuted. By condonation of the delay, if that should happen, the Second Appeal would get numbered and the process for further consideration of it would commence. There could not be an application for condonation of delay, when there is no main proceeding in the Second Appeal. The consideration of the main proceeding stands deferred awaiting the results in the application for condonation of delay. We are obliged to remember the above features so as to enable us to decide as to the nature of the jurisdiction, which the learned single Judge was called upon to exercise in the matter.

(3.) First the question may, legitimately, arise as to whether the order made by the learned single Judge in the Civil Application is a 'judgment' so as to attract Clause 15 of the Letters Patent. Clause 15 of the Letters Patent reads as follows :