SHEIKLAL SHAIKH SHARIF Vs. AHMEDKHAN SHARIFKHAN

JUDGEMENT

(1.) This is an application for a certificate that Second Appeal No. 708 of 1929 is a fit one for appeal under the Letters Patent.

(2.) Second Appeal No. 708 of 1929 was summarily dismissed by the Honourable Mr. Justice Allison on October 4, 1929. No certificate was asked for at the time and when the application for a certificate ultimately came to be put up for orders Mr. Justice Allison had ceased to be a Judge.

(3.) Section 15 of the Letters Patent gives a limited right of appeal in the case of second appeals disposed of by a single Judge " whore the Judge who passed the judgment declares that the case is a fit one for appeal," In the present case for the reasons stated there is no declaration of the Judge who passed the judgment that the case was a fit one for appeal. There is a decision of a Full Bench of the High Court of Rangoon, Ma Than V/s. Maung Ba Gyaw (1925) I.L.R. 3 Ran. 546, to the effect that in such circumstances no appeal lies. Under the orders of the Honourable the Chief Justice this application has already been laid before the two Administrative Judges of this Court and they have submitted their opinions to the effect effect the decision in Ma Than V/s. Maung Ba Gyaw is correct. The (matter has now, under the orders of the Honourable the Chief Justice, been placed before this Bench pro forma for disposal.