1997 (11) TMI 531

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....ondent : D.N. Mishra, M/s. J.B.D. & Co. ORDER The following Judgment of the Court was delivered: Leave granted. We have heard learned counsel for the parties. The short question is whether an appeal would lie before a Division bench of the High Court against an order of the learned Single Judge rendered by him in proceedings under sec. 6 of the Specific Relief Act, 1960 (hereinafter refer....

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.... 6 of the Act, this was an order passed by learned Single Judge of the High Court exercising original jurisdiction. Therefore, under clause 15 of the Letters Patent which is a charter under which the High Court of Bombay functioned, the said provision for appeal would not have been whittled down by the statutory provisions of sec. 6(3) of the Act. Clause 15 of the Letters Patent is extracted hereu....

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....r one Judge of any Division Court, pursuant to section 106 of the Government of India Act, and that notwithstanding anything hereinbefore provided, an appeal shall lie to the said High Court from a Judgment of one Judge of the said High Court or one Judge of any division Court, pursuant to section 108 of the government of India Act, on or after the first day of February 1929 in the exercise of app....

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....t. No such bar is discernible from sec. 6(3) of the act. it could not be seriously contended by learned counsel for the respondents that if clause 15 of the Letters Patent is invoked then the order would be appealable. Consequently, in our view, on the clear language of clause 15 of the Letters Patent which is applicable to Bombay High Court, the said appeal was maintainable as the order under app....