RAFIQA Vs. GHULAM MOHAMMAD MATOO

JUDGEMENT

(1.) THE point which arises for consideration in this Reference has its genesis to order passed by the Division Bench of this Court on 25.05.2009, which may be noticed as follows:

(2.) FROM perusal of the aforesaid reproduction, it reveals that the Division Bench of this Court, while noticing judgment rendered by the Division Bench of this Court in case Mrs. Anita Kumari v. Muneer Ahmad and Ors., 1995 SLJ 268, came to the conclusion that the judgment rendered is not in accordance with the provisions contained in Section 100 -A of Code of Civil Procedure which was introduced with effect from August 15,1983, and held that the Letters Patent Appeal/Appeal is barred from the decree or order passed by learned Single Judge on an appeal preferred from an appellate decree or order and not from the original decree or order. Accordingly, the Hon'ble Lord Chief Justice constituted the Full Bench for determination of that point and that is how this Reference is before us.

(3.) THE argument advanced by the learned Counsel for the Appellant in support of his case is that if the Letters patent provisions as found in the legislation of this state makes it convenient for the litigant public to invoke such letters patent provisions to present the second appeal, this Court may have to consider the feasibility of entertaining such appeal.