KULDEEP KUMAR TRIPATHI Vs. RAN BAHADUR

JUDGEMENT

(1.) SRI M. D. Singh 'shekhar', learned Counsel for the respondents, has raised a preliminary objection that the impugned order passed by learned Single Judge dated 2nd June, 2008, being an order passed by vacation Judge exercising jurisdiction of Division Bench in a case which was cognizable by Division Bench, the special appeal does not he. He has placed reliance on a Division Bench judgment of this Court in Allahabad Galla Tilhan Vyapari Sangh, 25 Muthiganj and others v. Krishi Utpathan Mandi Samiti, Allahabad and others, 1985 UPLBEC 1064.

(2.) SRI A. N. Tripathi, learned Counsel for the appellant, refuted the above submission and relied upon a judgment of Division Bench of this Court in state of U. P. and others v. Smt. Meera Shankhioar and others1 for the proposition that an order passed by learned Single Judge during vacation exercising jurisdiction of Division Bench does not become order of Division Bench and the special appeal in respect thereto is maintainable.

(3.) WE have given thought to the submissions made by the learned Counse, 2004 (4) AWC 3162 for the parties.