BIRAT CHANDRA DAGRA Vs. TAURIAN EXIM PVT LTD

JUDGEMENT

(1.) HEARD further argument on the maintainability of the Letters Patent Appeal as the preliminary issue and the same is decided in the following manner.

(2.) BEFORE dealing with that point of law, we may indicate that the present appeal under Clause 10 of the Letters Patent has been filed challenging to the judgment delivered by learned Single Judge of this Court in F.A.O. No. 270 of 2003. That was an appeal under Order 43, Rule 1(r) of the Code of Civil Procedure, 1908 (in short 'C.P.C') against the order granting temporary injunction to the plaintiffs -respondents under Order 39, Rules 1 and 2, C.P.C, vide Interim Application No. 12 of 2003 arising in Civil Suit No. 38 of 2003 of the Court of Civil Judge (Sr. Division), Rairangpur. Learned Single Judge in the impugned judgment has confirmed to that order of injunction and in the result dismissed the appeal. As against that judgment, this Letters Patent Appeal has been filed.

(3.) IN support of their rival contention on the maintainability of the appeal, both the parties rely on the case of P.S. Sathappan (Dead) by L.Rs. v. Andhra Bank Ltd. and Ors. : AIR2004SC5152 . According to Mr. Indrajit Mohanty, learned Counsel for the respondent after amendment of Section 100 -A, C.P.C. by Act 22 of 2002 with effect from 01.07.2002, jurisdiction conferred under Clause 10 of the Letters Patent applicable to Orissa High Court is no more invokable in ah appeal of the present nature and that position of law is clear from the ratio, per majority view, in the case of Sathappan (supra). Mr. R.K. Mohanty, learned Counsel for the appellant on the other hand argues that Section 100 -A, C.P.C. has no application to the present appeal and the provision of law in Sections 4 and 104(1), C.P.C. read with Clause 10 of the Letters Patent have remained unchanged by the recent amendment of C.P.C. and that the majority view in the case of Sathappan (supra) having the effect of binding precedent, lays down the law in support of maintainability of Letters Patent Appeal.