AIR 1960 ALLAHABAD 692 ::1960 ALL. L. J. 387 ::ILR (1960) 1 All 689

Allahabad High Court

Hon'ble Judge(s): O. H. Mootham , C.J. AND Raghubar Dayal, A. P. Srivastava , JJ

Letters Patent (Allahabad) , Cl.10— Judgment - Order of Single Judge of High Court dismissing appeal against order granting temporary injunction is judgment. Per Mootham C. J. and R. Dayal, J., (Srivastava J. contra) : Judgment in Cl. 10 includes a 'final judgment', a 'preliminary judgment' and an 'interlocutory judgment', all of which expressions are used in the Letters Patent. The term 'judgment' does not necessarily exclude an order. An order of a single Judge of the High Court dismissing an appeal against an order granting a temporary injunction is an order which finally determines the right of a party to a specific temporary relief. It steins from a suit and its purpose is to make the judgment, if obtained, fully effective. It is neither an order which merely regulates procedure nor an order made on an application which is merely a step towards obtaining a final adjudication. Such an order is neither a final judgment nor a preliminary judgment which had been assumed to mean a judgment which determines the right to the relief claimed but which requires further proceedings to be taken before the suit or appeal is finally disposed of. The order should be held to be an interlocutory judgment. Such an order is a judgment and consequently appealable under Cl. 10. .....