GANDLA PANNALA BHULAXMI Vs. MANAGING DIRECTOR APSRTC

JUDGEMENT

(1.) A Division Bench of this Court made the following reference to the Full Bench:

(2.) The short question that falls for consideration is as to whether the letters patent appeal preferred against the order of the learned single Judge made in C.M.A.No.88 of 1998 is maintainable? This Court in S.Shiva Raja Reddy and others v. S.Raghu Raj Reddy held that "all the letters patent appeals presented or filed before 1-7-2002 are maintainable whether they have been admitted or not. What is prohibited is filing of the letters patent appeals after 1-7-2002 i.e. after the new Act had come into force."

(3.) We are required to notice that the Parliament made amendments to the Code of Civil Procedure, 1908 (for short 'the Code') under Act 22 of 2002. For Section 100-A of the Principal Act (as substituted by Section 10 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999) the following section is substituted: