AIR 2005 PATNA 87 ::2005 (2) Civ LJ 443 ::2005 (4) CurCC 149 ::2005 (1) BLJ 77 ::2004 (3) BLJR 2208 ::2004 BLJR 3 2208 ::2004 (4) PatLJR 879 ::(2005) 26 AllIndCas 519 (PAT)

Patna High Court

Hon'ble Judge(s): Nagendra Rai , C.J. AND S. N. Hussain , J

Civil P.C. (5 of 1908) , S.100A— (as substituted by CPC Amendment Act of 1999 and 2002) - Letters Patent (Pat) , Cl.10— Succession Act (39 of 1925) , S.299— Filing of further appeal under Letters Patent - Barred if order or judgment is passed by single Judge of High Court in exercise of first appellate jurisdiction. In view of the non-obstante clause in S. 100-A, after the amendment, even if there is no express prohibition limiting the Letters Patent Appeal or there is a provision of a Letters Patent Appeal, further appeal is barred from the judgment or order passed by single Judge in exercise of first appellate jurisdiction. The order passed in a proceeding under S. 299 of the Act is in the nature of judgment and once the same is passed by the single Judge of the High Court in an appeal under S. 299 of the Act, it is also a judgment of the High Court and in that view of the matter further appeal under the Letters Patent is excluded after the aforesaid amendment.