AIR 2015 SUPREME COURT 3623 ::2015 AIR SCW 5018 ::2015 (5) AIR Bom R 787 ::(2015) 2 Orissa LR 509 ::(2015) 2 CLR 209 (SC) ::(2015) 2 WLC(SC)CVL 563 ::(2015) 3 All RentCas 800 ::2015 (9) SCC 1 ::(2015) 3 RecCivR 801 ::(2015) 7 Scale 495 ::AIR 2015 SC (Civ) 2179 ::(2015) 5 Bom CR 370 ::(2015) 2 Guj LH 584 ::(2015) 3 ICC 906 ::(2015) 5 Mad LW 789 ::(2015) 5 Mad LJ 592 ::(2015) 3 JLJR 283 ::(2015) 3 Ker LT 240 ::(2015) 3 Pat LJR 453 ::(2015) 3 SCT 427 ::(2015) 153 AllIndCas 98 (SC)

Supreme Court Of India

(From : Gujarat)

Hon'ble Judge(s): Dipak Misra, Adarsh Kumar Goel , JJ

(A) Letters Patent , Cl.15— Constitution of India , Art.226, Art.227— LPA - Tenability - Order of civil court assailable only under Art. 227 - Not under Art. 226 - Since order of civil court is exclusively assailable under Article 227no intra-court appeal is maintainable against it. An order passed by a civil court can only be assailed under Article 227 of the Constitution of India. The jurisdiction under Article 227 is distinct from jurisdiction under Article 226 of the Constitution and, therefore, a Letters Patent Appeal or an intra-court appeal in respect of an order passed by the single Judge dealing with an order arising out of a proceeding from a civil court would not lie before the Division Bench.(Para 16 17) (B) Letters Patent , Cl.15— LPA - Tenability - Depends on whether order has been passed by single Judge in exercise of jurisdiction under Art. 226 or Art. 227 - And Division Bench has to decide on basis of nature, contour and character of order jurisdiction in which it is passed. Constitution of India , Art.226, Art.227— Maintainability of a Letters Patent Appeal would depend upon the pleadings in the writ petition, the nature and character of the order passed by the learned single Judge, the ty....