Letters Patent Appeal barred after a Single Judge order in an Order 43 appeal under the Civil Procedure Code.

A Letters Patent Appeal was held not maintainable against a Single Judge's order passed in an appeal under Order 43, Rule 1(r) of the Code of Civil Procedure, 1908. The text explains that Order 43 appeals are governed by Section 104 CPC, and Section 104(2) expressly bars any further appeal from an order made in such an appeal. The ratio in Shah Babulal Khimji was treated as inapplicable because it concerned an interlocutory order on the original side of the High Court, where a Letters Patent Appeal lay from a Single Judge to a Division Bench. The challenge therefore failed.

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Issues: Whether a Letters Patent Appeal lay against an order passed by a Single Judge in an appeal under Order 43, Rule 1(r) of the Code of Civil Procedure, 1908.

Analysis: Order 43, Rule 1(r) permits an appeal against specified orders under Order XXXIX. Section 104 of the Code of Civil Procedure, 1908 provides for such appeals and, by sub-section (2), expressly bars any further appeal from an order passed in appeal under that section. The ratio in Shah Babulal Khimji was held inapplicable because that case concerned an interlocutory order on the original side of the High Court, where a Letters Patent Appeal lay from the Single Judge to the Division Bench.

Conclusion: A Letters Patent Appeal was not maintainable against the order of the Single Judge, and the challenge failed.

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