DONGARCHAND AND ORS. Vs. MOHANLAL AND ORS.

JUDGEMENT

(1.) A learned Single Judge of this High Court is hearing a first appeal against a decree for petition. A receiver was appointed of the property during pendency of suit. The appointment was discontinued by the judgment of Additional District Judge. The Appellant in the first appeal had raised the question of correctness, propriety and legality of the discontinuance of appointment of receiver made by the trial Court. While hearing this first appeal, an application was made by the Appellant in first appeal for appointment of a receiver and that was allowed by the learned single Judge by order dated 8 -5 -1991.

(2.) IT is against this order dated 8 -5 -1991 of the learned Single Judge that present Letters Patent Appeal has been filed and the question is whether a Letters Patent Appeal is maintainable?

(3.) RELIANCE was placed in the case of Shah Babulal Khimji v. Jayaben D. Kania and Anr., AIR 1981 M.P. 1786. The judgment of the Supreme Court delas with two aspects, namely (i) the nature of interlocutory order to be a 'judgment' so as to be amenable to Letters Patent Appeal, and (ii) original or appellate jurisdiction of learned single Judge against whose decision intra -court appeal is sought.