KANIZ FATIMA Vs. KHUSHIA

JUDGEMENT

(1.) THIS is a letters patent appeal against the order of a learned Single Judge of this Court (Ali J) dated 2 -7 -64 whereby he has held that the suit is maintainable in a civil Court.

(2.) A preliminary objection has been taken by the learned counsel for the respondents that no appeal lies as this appeal is preferred against an order which can be called an interlocutory order and is not a judgment within the meaning of Cl. 12 of the letters patent. In our opinion this preliminary objection of the learned counsel for the respondents has no force. The term judgment as used in the letters patents of different High Courts has come up for interpretation in a series of cases. The respondents learned counsel has referred to ILR 35 Madras 1 (FB) and AIR 1953 SC 198. In the Madras case Sir Arnold White J has made the following observations: -

(3.) IN the Supreme Court case (Supra) their Lordships refused to consider an order of transfer by the Supreme Court as a judgment within the meaning of Cl. 15 of the Letters Patent.