AIR 1965 PATNA 196

Patna High Court

Hon'ble Judge(s): S. C. Misra, G. N. Prasad , JJ

(A) Letters Patent (Pat) , Cl.10— Letters Patent Appeal from decision in first appeal - Interference in finding of fact - Bench can interfere except in cases to which S.100, Civil P.C. applies. Civil P.C. (5 of 1908) , S.100— Under Clause 10 of the Letters Patent, an appeal lies against a decision of a Single Judge sitting on the original jurisdiction in testamentary, matrimonial or company law cases, and instances are not wanting of cases in which the decision of a Single Judge on question of fact in such matters has been reversed by a Bench dealing with a Letters Patent appeal. It is impossible to imagine that whereas clause 10 of the Letters Patent permits interference on facts with a decision of a learned Single Judge sitting on the original jurisdiction of the High Court, the same clause restricts the power of interference of the Letters Patent Bench to question of law only, in an appeal from a decision in a first appeal.(Para 9) It is well established principle of law that unless the statute otherwise provides an appellate Court has the same power of dealing with all questions, either of fact or of law, arising in the appeal before it, as that of the Court whose judgment is the subject of scrutiny in the appeal. It is only on account of the special provision contained in S. 100 of the Civil P.C. that the Hi....