NAND KISHORE SINGH Vs. RAM GULAM SAHU

JUDGEMENT

(1.) This is an application to review an order made by us under Order XLV of the Code of Civil Procedure. By that order we rejected an application for leave to appeal to His Majesty in Council, and we did so upon this ground. The learned vakil for the applicant, one of the most experienced and eminent vakils of this Court, immediately told us that though the value of the subject matter of an appeal to His Majesty in Council was upwards of Rs. 10,000, still the value of the subject matter of the suit was not Rs. 10,000, and consequently he could not support the application. The result was, it was rejected.

(2.) It is now sought to obtain a review of this order under Section 114 of the Code and Order XLVII. It is objected on the part of the respondent that no such application can be made, and for the purposes of supporting that contention our attention has been drawn to a number of decisions in which it has been held that no appeal lies under the Letters Patent from the orders of a single Judge, rejecting an application for leave to appeal to the Privy Council. Mr. Justice Wilson in Lutf Ali Khan v. Asgur Reza(1890) I.L.R. 17 Calc. 455 bases this conclusion on the view that the order was not a judgment within the meaning of the Letters Patent If that be the reason why an appeal does not lie from an order of a single Judge, it affords no answer to an application for review.

(3.) Section 114 of the Code provides that a party, who is aggrieved by an order from which no appeal has been preferred or from which no appeal is allowed by the Code, may apply for a review of the judgment to the Court, which made the order, and the Court may make such order thereon as it thinks fit. The order of rejection comes within this description, and the application for review is, therefore, within the terms of Section 114. I fail to see how it can be said the order of rejection was not an order of a Civil Court; it was under Order XLV of the Code which is an act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.