PATEL KASHIRAM LAVJIRAM Vs. NAROTTAMDAS BECHARDAS

JUDGEMENT

(1.) The question which has been referred by the Division Bench of this Court for the decision of the Full Bench is as follows: Whether an appeal against the decision of a Single Judge of this High Court in the exercise of the jurisdiction of the High Court under Article 226 of the Constitution is barred under Clause 15 of the Letters Patent (a) because the decision of the Single Judge can be said to be given in the exercise of revisional jurisdiction of the High Court; or (b) it is otherwise barred ?

(2.) The Division Bench consisting of S. H. Sheth and R. C. Mankad JJ. in Letters Patent Appeal No. 303 of 1977 held that if there is a judicial decision delivered by any Court or Tribunal and that decision is challenged under Article 226 of the Constitution the judgment or order of a learned Single Judge of this High Court in those proceedings under Article 226 would be in exercise of the revisional jurisdiction of the High Court and hence a Letters Patent Appeal under Clause 15 of the Letters Patent would not be maintainable. In that decision the Division Bench consisting of S. H. Sheth and K. C. Mankad JJ. further held :

(3.) It is therefore clear that the Division Bench consisting of S. H. Sheth and R. C. Mankad JJ. held that an appeal against a decision of the learned Single Judge in exercise of the jurisdiction of this Court under Article 226 of the Constitution would not lie because the decision complained of before the Single Judge is rendered by a Court which has no interest in the subject matter of the decision and is rendered after hearing both the parties and the decision of the Single Judge is given in exercise of revisional jurisdiction of the High Court. In view of the language of Clause 15 of the Letters Patent the Division Bench held that the Letters Patent Appeal would not lie because of the clear language of Clause 15 of the Letters Patent bars an appeal against such a decision of a Single Judge. It must be observed that this decision of the Division Bench consisting of S. Sheth and R. C. Mankad JJ. was confined only to the exercise of the jurisdiction by a learned Single Judge under Article 226 of the Constitution in reference to what may be described as judicial decision whatever may be the authority or Tribunal by which that judicial decision was rendered.