R R JONEJA Vs. PROVABATI DAS

JUDGEMENT

(1.) THIS is an application for a declaration of fitness for appeal under Clause 15 of the Letters patent.

(2.) THIS appeal against the appellate decree was allowed by me by a judgement and decree dated 28th February, 1978. Against this decision the present application has been made on March 21, 1978, asking for the declaration of fitness as aforesaid, for appeal to a Division Bench.

(3.) UNDER Clause 15 of the Letters patent an appeal against a decree passed in the exercise of appellate jurisdiction in respect of a decree made in exercise of Appellate Jurisdiction by a Court subject to the superintendence of this court lies where the Judge who passed the judgment declares that the case is a fit one for appeal. Normally this application would, therefore, be maintainable and it had been the practice of this Court to apply for certificate by an oral application immediately after the judgment is delivered by a single Judge, which opportunity unfortunately was not availed of by the petitioner, leading to the instant application.