Intra-court appeal bar under amended procedure law does not retrospectively defeat Letters Patent Appeals already filed before cutoff date.

Section 100A of the Code of Civil Procedure, as amended in 1999 and 2002, was read to bar any further intra-court appeal where a Single Judge has decided an appeal from an original or appellate decree or order, so no Letters Patent Appeal survives after 1.7.2002. The Court also held that the 2002 amendment does not retrospectively extinguish Letters Patent Appeals already filed before that date, because the repeal and saving framework, together with Section 6 of the General Clauses Act, preserves accrued rights unless clearly taken away. Accordingly, pending appeals instituted before 1.7.2002 remain maintainable for consideration on merits.

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Issues: (i) Whether a Letters Patent Appeal lies against a judgment and decree passed by a Single Judge in an appeal arising from an original or appellate decree or order after the amendments to Section 100A of the Code of Civil Procedure, 1908; (ii) Whether Letters Patent Appeals filed before 1.7.2002 are to be decided under Section 100A as amended by the Code of Civil Procedure (Amendment) Act, 2002.

Issue (i): Whether a Letters Patent Appeal lies against a judgment and decree passed by a Single Judge in an appeal arising from an original or appellate decree or order after the amendments to Section 100A of the Code of Civil Procedure, 1908.

Analysis: The amended Section 100A, as brought in by the 1999 and 2002 amendments, was construed as barring any further intra-court appeal where a Single Judge has heard and decided an appeal from an original or appellate decree or order. The statutory changes were read with the repeal and saving provisions and with Section 6 of the General Clauses Act, 1897. The Court held that the legislative intent was clear and that no Letters Patent Appeal survives in such matters after 1.7.2002.

Conclusion: No Letters Patent Appeal lies in such cases after the amendments became effective.

Issue (ii): Whether Letters Patent Appeals filed before 1.7.2002 are to be decided under Section 100A as amended by the Code of Civil Procedure (Amendment) Act, 2002.

Analysis: The Court held that the 2002 amendment did not operate retrospectively so as to extinguish appeals already filed before 1.7.2002. The repeal and saving framework, read with Section 6 of the General Clauses Act, preserved accrued and vested rights in appeals actually instituted before the cut-off date. The omission of the earlier saving clause did not alter this result for appeals already filed.

Conclusion: Letters Patent Appeals filed before 1.7.2002 are not to be decided by applying Section 100A of the 2002 Act.

Final Conclusion: The reference was answered against retrospective application of the bar, and the pending Letters Patent Appeal was treated as maintainable for consideration on merits before the appropriate Bench.

Ratio Decidendi: An amendment curtailing a right of intra-court appeal does not retrospectively extinguish appeals already filed unless the statute clearly provides so by express words or necessary intendment; pending appeals instituted before the effective date remain protected by the general saving rule.

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