LAWS(PAT)-1985-4-16

NARMADA DEVI Vs. RAM NANDAN SINGH

Decided On April 12, 1985
NARMADA DEVI Appellant
V/S
RAM NANDAN SINGH Respondents

JUDGEMENT

(1.) The salient and meaningful questions which arise for determination in this reference to the Full Bench may well be formulated in the terms following : 1. Whether an appeal is still maintainable against an order (other than an interlocutory one) under S.47 of the Code of Civil Procedure despite the amendment of S.2(2) thereof, and other statutory changes wrought therein by the Code of Civil Procedure (Amendment) Act, 1976 ?

(2.) Whether the abolition of a right of appeal by the competent legislature would attract the equality clause of Art.14 of the Constitution and involve any consequential discrimination in this field ?

(3.) Whether Parshava Properties Ltd. v. A.K. Bose, AIR 1979 Pat 308 lays down the law correctly in the aforesaid twin context ?