Letters Patent appeal against refusal of review is not maintainable where the Civil Procedure Code bars such an appeal.

An appeal under Section 10 of the Letters Patent does not lie from an order rejecting an application for review of judgment where the Code of Civil Procedure provides no such appeal. Order XLVII, Rule 7 bars an appeal from refusal of review, and Order XLIII, Rule 1 contains no provision authorising it. The earlier Full Bench and other supporting decisions were followed, while the contrary decision was treated as distinguishable. The Letters Patent appeal was therefore not maintainable.

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Issues: Whether an appeal lay under Section 10 of the Letters Patent from an order rejecting an application for review of judgment, in view of the provisions of the Code of Civil Procedure.

Analysis: The order under challenge was one rejecting a review application. Under Order XLVII, Rule 7 of the Code of Civil Procedure, no appeal lies from an order rejecting an application for review of judgment, and Order XLIII, Rule 1 contains no provision permitting such an appeal. The earlier Full Bench and other decisions were followed as laying down that a Letters Patent appeal does not lie in such a case. The cited contrary decision was treated as distinguishable and not contrary to the governing rule.

Conclusion: No appeal lay under Section 10 of the Letters Patent against the order rejecting the review application. The appeal was not maintainable.

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