S SAMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Article 133 ot the Constitution must be dismissed on the short ground that the order from which an appeal is sought to be preferred to the supreme Court cannot be said to be a "judgment, decree Or final order. "

(2.) A petition under Article 226 of the Constitution was presented to this Court, but we disposed it of by the single word "dismissed".

(3.) A decision is final for the purposes of Article 133, when it decides and disposes of the whole merits of the case, when it settles conclusively all the legal rights of the parties and when it leaves nothing to be further litigated upon. The decision or order must affect the merits of the controversy between the parties by determining some right or liability. A writ under Article 226 is issued not with the object of determining the civil rights of the parties but with the object of ensuring that the law of the land is being properly administered. As pointed out in Shriram v. State of Madhya Pra-desh AIR 1955 Nag 257, refusal to issue the writ has only the effect of saying that the High Court does not see any irregularity in the administration or the relevant law