RAMESHWAR PRASAD VYAS Vs. DIRECTOR PRIMARY SECONDARY

JUDGEMENT

(1.) THE two special appeals against the judgment of a learned single Judge of this Court have been laid before me as Vacation Judge for admission. They raise the question about the powers of the Vacation Judge to entertain an appeal against the judgment of a Single Judge.

(2.) SECTION 18 of the Rajasthan High Court Ordinance, 1949, which makes provision for appeals against the judgment of a Single Judge of the High Court runs as follows: - -

(3.) NOW , even though Section 18 does not in express terms lay down that appeal against the judgment of a learned Single Judge shall be heard by two or more Judges it is implied by necessary intendment that appeal against the judgment of a Single Judge is heard by two or more Judges. Rule 61 further leads to the same inference. Special appeals, according to Rule 61, are to be heard by two Judges. That being so, it follows that within the meaning of Rule 63 a special appeal is required by any other law namely, the Rajasthan High Court Ordinance, 1949, to be heard by more than one Judge and consequently the Vacation Judge cannot hear a special appeal against the judgment of a Single Judge of this Court.