Transfer order under civil procedure is not a judgment under the Letters Patent and is not appealable as such.

An order transferring a suit from a subordinate court to the High Court under Section 24 of the Code of Civil Procedure, 1908 was construed as a procedural or administrative step, not a decree or final adjudication of rights. The term "judgment" in Clause 13 of the Letters Patent of the Rangoon High Court was applied in its strict legal sense, limited to decisions determining the rights of the parties in controversy. As the transfer order did not finally decide the suit or any substantive rights, it fell outside Clause 13 and was not appealable as a judgment.

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Issues: Whether an order transferring a suit from a subordinate court to the High Court is a "judgment" within Clause 13 of the Letters Patent of the Rangoon High Court.

Analysis: The term "judgment" in the Letters Patent was construed in its strict legal sense as a decree in a suit determining the rights of the parties at issue. A final judgment decides all matters in controversy in the suit, while interlocutory and other orders are not judgments unless expressly made appealable by statute. The order of transfer under Section 24 of the Code of Civil Procedure, 1908 was held to be an administrative or procedural order, not a decree or final adjudication of rights, and therefore outside Clause 13.

Conclusion: The transfer order is not a "judgment" within Clause 13 and is not appealable as such.

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