Letters Patent appeal barred where an order directing examination was not a judgment within Clause 13.

An order directing examination under Section 196 of the Companies Act was challenged as appealable under Clause 13 of the Letters Patent. The High Court held that the order did not satisfy the test of a judgment as explained in the cited Full Bench decision, so it was not capable of supporting an appeal under that clause. The preliminary objection was upheld, the appeal was found not maintainable, and the order for examination remained undisturbed.

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Issues: Whether an order directing the appellant to be examined under Section 196 of the Companies Act was a judgment within Clause 13 of the Letters Patent so as to support an appeal.

Analysis: The objection to the appeal was that the impugned order was not a judgment within the meaning of Clause 13 of the Letters Patent. The Court held that the order did not answer the test of a judgment as explained in the cited Full Bench decision and therefore did not give rise to an appeal under the Letters Patent.

Conclusion: The preliminary objection was upheld and the appeal was not maintainable.

Final Conclusion: The order directing examination under Section 196 of the Companies Act stood undisturbed and the appeal was dismissed with costs.

Ratio Decidendi: An order which is not a judgment within Clause 13 of the Letters Patent does not support an appeal under that clause.

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