P RANGA REDY Vs. GOLLA SAMBASIVARAO

JUDGEMENT

(1.) The point that arises for determination is whether in view of S. 100-A of the Civil P. C., a Letters Patent Appeal lies from the judgment of a single Judge of the High Court in a Civil Miscellaneous Appeal from an order of remand made by the lower appellate Court while disposing of an appeal. FACTS:

(2.) The respondents filed the suit O. S. No. 122/66 before the District Munsif, Giddalur for partition of a bus with all its accessories into sixteen shares and for allotment of three such shares to them or to apply the provisions of the Partnership Act and for an account of all realisations made by the 1st defendant. Various issues were framed but the trial of the suit was confined to the issue as regards the maintainability of the suit. The trial court dismissed the suit holding that the suit is not maintainable as the alleged partnership was opposed to public policy and offends the provisions of the Motor Vehicles Act and S. 23 of the Contract Act.

(3.) Aggrieved by that decision, the respondents took up the matter in appeal - A. S. No. 29 of 1972 before the learned District Judge, Ongole and the appellate authority reversed the finding of the trial court on the issue pertaining to the maintainability of the suit, allowed the appeal and remanded the case with a direction to the trial court to proceed with the trial of the suit and the other issues.