LUTU BAPU Vs. PATIRAM ATMARAM

JUDGEMENT

(1.) THIS is an application for leave to appeal to His Majesty in Council from the decision of a single Judge in second appeal. The suit was by a cosharer against his lambardar for his share of the village profits. The claim failed in the two lower Courts but succeeded in second appeal. Leave to file a Letters Patent appeal was applied for but was refused. The defendants have accordingly applied for leave to appeal to His "Majesty in Council and claim they have the right under Clause 29 of the Letters Patent of this Court despite the prohibition in Section 111, Civil P.C.

(2.) SECTION 111 is clear. It says:

(3.) THE tenth clause confers the right of a Letters Patent appeal from, among other things, the decision of a single Judge in second appeal. 'That means that a right of appeal was conferred in this case by Clause 10 and accordingly Clause 29 does not apply because that, in so far as it concerns as here, is confined to cases in which no appeal lies to the High Court.