AIR 1969 DELHI 85 ::ILR (1969) Delhi 34

Delhi High Court

Hon'ble Judge(s): I. D. Dua, S. K. Kapur, S. N. Andley , JJJ

(A) Delhi High Court Act (26 of 1966) , S.10— Civil P.C. (5 of 1908) , S.2(9)— Judgment - Meaning of 'judgment' in Civil P.C. not helpful in ascertaining meaning of 'judgment' in S.10. (Para 2) (B) Letters Patent (Lah) , Cl.10— Delhi High Court Act (26 of 1966) , S.10— 'Judgment', meaning of explained - Words and Phrases - Judgment. Letters Patent (Bom) , Cl.15— Letters Patent (Cal) , Cl.15— Letters Patent (Mad) , Cl.15— Civil P.C. (5 of 1908) , S.2(2), S.2(9)— The Letters Patent, when providing for appeals from judgments contemplate judgments which have both the effect of a decree as defined in the Civil Procedure Code and of such order as may affect the merits of a controversy between the parties by determining some disputed right or liability. A judgment may thus be either final or preliminary or interlocutory. In order to decide whether an adjudication should be treated as "judgment" within the meaning of Clause 10 of the Letters Patent (Lahore) regard should be had not to the form of the adjudication but to its effect upon the suit or the civil proceeding in which it is made. If its effect, whatever its form and whatever the nature of the proceeding in which it is made, is to put an end to the suit or proceeding, or if its effect....