AIR 1984 BOMBAY 478 ::(1984) Mah LJ 806

Bombay High Court

Hon'ble Judge(s): Qazi, Vaze , JJ

Letters Patent (Bom) , Cl.15— Civil P.C. (5 of 1908) , S.104(1), S.2, O.43 R.1(s)— Letters Patent appeal against order passed in appeal under S.104, C.P.C. - Not maintainable - Bar under S.104(2) C.P.C. applies. Where a single Judge of the High Court has passed an order in an appeal under S.104 read with O.43, R.1 of the Code of Civil Procedure the bar of S.104(2) would apply and a further appeal under the Letters Patent would not lie.(Para 5) The provisions of S.104 C.P.C. are applicable to the Letters Patent Appeals also, because the Letters Patent Appeals cannot be said to be an exception and do not override the provisions of the Code of Civil Procedure.(Para 6) In the instant case an application under S.50 of the Bombay Public Trusts Act was filed by the Charity Commissioner claiming the relief of removal of trustee and appointment of a new trustee and framing of a fresh scheme for managing the public trust the said application was dismissed by the District Judge. The Charity Commissioner challenged that order before the single Judge of the High Court by way of appeal. Held, that the appeal which was filed by the Charity Commissioner before the single Judge of the High Court being under S.104(1) read with O.43, R.1(s) of the Code and the bar under sub-sec. (2) of S.104 being app....