SONYA DAGDU Vs. MANHU DAGADU

JUDGEMENT

(1.) This petition for leave under the Letters Patent raises an important question and one having direct impact and consequence in the field of appeals and/or leave applications under Clause 15 of the Letters Patent in respect of any appeal from an appellate decree or order passed by a single Judge of a High Court.

(2.) It is needless to relate all the facts. Suffice to state that the original suit filed in 1068 was one for declaration of title and possession. Defence was denial of title. Holding plaintiffs' title proved, the trial Court dgcreed the suit. Appeal to the District Court failed. Second appeal therefrom was dismissed by me on 7th Feb. 1978. The defendants now pray for leave to prefer against my judgment, appeal under the Letters Patent.

(3.) Mr. Vaishnav for the opponents a preliminary objection viz., that having regard to the relevant provisions of Act No. 104 of 1976 (hereinafter the Amending Act) introducing manifold amendments in the Civil P. C., 1908, this leave application was not maintainable and was liable to be dismissed in limine. Mr. Savant for the petitioners sought to repel this objection contending that right to appeal, including appeal under the Letters Patent, was one which vested in the petitioners in the year 1968 itself when the suit originated and this vested right remained untrammelled, notwithstanding the Amending Act. Mr. Agarwal appearing amicus curise set forth submissions supporting the preliminary objection.