JETHURAM AND ANR. Vs. PERMANAND AGARWAL AND ANR.

JUDGEMENT

(1.) This L.P.A. has been preferred against the judgment of a learned Single Judge in a Misc. Second Appeal. It is accordingly an appeal against the judgment of a learned Single Judge of this Court sitting in appellate jurisdiction in respect of a decree or order made in exercise of appellate jurisdiction of a Court subject to the superintendence of this Court, as contemplated by Clause 10 of the Letters Patent. In view of that clause, such an appeal would have been maintainable only if the judge who passed the judgment had declared that the case was a fit one for appeal. For obtaining such a leave or declaration, a prayer bad to be made to the learned Single Judge at the time of delivery of judgment. The proposition that such a leave is necessary finds support from the decision of a Full Bench of this Court in Madhukar Trimbaklal Vs. Godavari, AIR 1940 Nag. 39. In the instant case, no such declaration as contemplated by Clause 10 aforesaid was obtained. Consequently, the present letters patent appeal is not maintainable. It is accordingly dismissed.

(2.) Certified copy be given on payment of usual charges. Appeal dismissed.