RAMAKRUSHNA PADHY Vs. RAMESH CHANDRA DAS

JUDGEMENT

(1.) THIS is an appeal under Clause 10 of the Letters Patent of the Patna High Court (which is applicable to Orissa by virtue of the Orissa High Court Order 1948)against the judgment (in appeal) of a single Judge of this Court in Miscellaneous appeal No. 81 of 1956. That appeal was filed against the appellate judgment of the Commissioner of Hindu Religious Endowments, Orissa (hereinafter referred to as the Commissioner) passed under Section 44 of the Orissa Hindu Religious endowments Act 1951 (Orissa Act No. II of 1952 --hereinafter referred to as the new Act) dismissing an appeal against the order of the Assistant Commissioner of hindu Religious Endowments Orissa (hereinafter referred to as the Assistant commissioner) passed under Section 41 of that Act declaring a particular religious institution to be a public one and one Ramesh Chandra Das and his agnates to be the hereditary trustees of the same. A preliminary objection was taken to the entertainability of this appeal on the ground that the judgment of the single Judge was passed in second appeal and that consequently by virtue of clause 10 of the Letters Patent a further appeal to a division Bench of this Court will not lie in the absence of a certificate of fitness from the Judge concerned. This point is of considerable importance affecting many decisions of the Commissioner pending in appeal in this Court and it is desirable to give an authoritative decision.

(2.) THE material clauses of the Letters Patent of the Patna High Court may now be referred to.

(3.) CLAUSE 10 (omitting immaterial portions) is as follows : --