Amended Section 100A CPC bars Letters Patent Appeals against single-Judge decisions in appeals, even under special enactments.

Amended Section 100A of the Code of Civil Procedure bars a further appeal, including a Letters Patent Appeal, against a judgment of a single Judge deciding an appeal from an original or appellate decree or order. The provision is expressed in overriding terms and extends beyond appeals under the Code to cover intra-court appeals under the Delhi High Court Act and similar remedies under other laws. Even where the first appeal arises under a special enactment such as the Indian Succession Act, the statutory bar operates and the vested right of further appeal is curtailed by express legislative intent.

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Issues: Whether, after insertion of amended Section 100A of the Code of Civil Procedure, 1908, a Letters Patent Appeal is maintainable against the judgment of a single Judge rendered in a first appeal arising out of a special enactment such as the Indian Succession Act, 1925.

Analysis: Section 100A, as amended, contains an express non obstante clause barring any further appeal where an appeal from an original or appellate decree or order is heard and decided by a single Judge of a High Court. The provision is not confined to appeals arising under the Code alone; its language extends to the Letters Patent and to any other law for the time being in force. Section 10 of the Delhi High Court Act, 1966 confers the intra-court appellate remedy, but Section 15 makes that Act subject to later legislative provisions. The Court examined the earlier authorities on Letters Patent appeals and the effect of special statutes, and held that where Parliament has enacted a specific exclusion, the right of further appeal under the Letters Patent stands taken away. The fact that the underlying appeal arose under a special enactment does not save the intra-court appeal after the 2002 amendment. The argument based on vested right of appeal was also rejected because such right can be curtailed by express or necessary intendment, and Section 100A expressly does so.

Conclusion: A Letters Patent Appeal is not maintainable against a single Judge's judgment in a first appeal arising out of a special enactment after the amended Section 100A of the Code of Civil Procedure, 1908.

Final Conclusion: The intra-court appeal was held barred by statute and could not proceed.

Ratio Decidendi: Where Section 100A of the Code of Civil Procedure, 1908 applies, it expressly excludes any further appeal, including a Letters Patent Appeal, against the judgment of a single Judge in an appeal from an original or appellate decree or order, even if the underlying appeal arises under a special enactment.

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