G.L. THOKAL Vs. R.J. DESHMUKH

JUDGEMENT

(1.) This appeal raises a rather peculiar question regarding the right of the present appellant to get a hearing before a Division Bench of two Judges of this Court so far as the First Appeal No. 880 of 1973 is concerned in which he is respondent No. 1. According to their understanding and interpretation of the Rules of the High Court of Judicature at Bombay, Appellate Side; 1960, Part I, Chapter I, Rule 2, the office classified First Appeal No. 880 of 1973 as a single Judge's matter and placed it for admission as well as for final hearing before a single Judge. The appeal has been got expedited by the parties and is now fixed for final hearing on Oct. 7, 1974.

(2.) When the matter came up before the learned single Judge hearing appeals, one of the questions raised by the present appellant, who is the original plaintiff in the suit, was that on a proper construction of the Rules of Business incorporated in the above mentioned Rules of the High Court Appellate Side, the matter ought to be properly heard and disposed of by a Bench of two Judges. After hearing the learned advocates on both the sides, the learned single Judge rejected that prayer. Being aggrieved, this appeal has been filed.

(3.) The First Appeal is still at large and the only question decided by the learned single Judge against which this appeal has been filed is that, according to him, the First Appeal concerned is a single Judge's matter to be disposed of by him under the Rules of Business of this Court and it is not a matter which ought to be heard by a Bench of two or more Judges.