Letters Patent appeal barred where decree amendment was made in appellate jurisdiction and the Civil Procedure Code restricted further appeal.

A Letters Patent appeal under section 10 was held not to lie from an order of a Judge amending a decree in appellate jurisdiction. The Court reasoned that the right of appeal conferred by the Letters Patent can be curtailed by later procedural legislation, and that the Code of Civil Procedure restricts appeals from orders to those specifically allowed while excluding orders made in appellate jurisdiction. On that scheme, the general language of section 10 could not override the Code's express limitations, so no intra-court appeal was available.

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Issues: Whether an appeal lay under section 10 of the Letters Patent from an order of a Judge amending a decree in the exercise of appellate jurisdiction, having regard to the restrictions imposed by the Code of Civil Procedure.

Analysis: The Court held that the right of appeal conferred by the Letters Patent could be curtailed by subsequent procedural legislation. It treated the order amending the decree as an order made in the exercise of appellate jurisdiction, not as a judgment giving rise to a further intra-court appeal. The relevant provisions of the Code limited appeals from orders to those specifically enumerated and excluded appeals from orders passed in the exercise of appellate jurisdiction, while the scheme of the Code showed that such restrictions could not be overridden by the general language of section 10 of the Letters Patent.

Conclusion: No appeal lay under section 10 of the Letters Patent from the order amending the decree.

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