Jharkhand High Court
Mrs Indira Vishwa Mohini Mishra vs Smt Kiran Devi And Ors on 6 February, 2014
Author: R. Banumathi
Bench: Chief Justice
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A No. 328 of 2013
Mrs. Indira Vishwa Mohini Mishra ... ... Appellant
Versus
1. Smt. Kiran Devi
2. Shiv Shankar Raman
3. Ravi Shankar Raman ... ... Respondents
CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Appellant : Mr. Sudhir Kumar Sharma, Advocate
For the Respondents :
Order No. 05 Dated: 06.02.2014
This Letters Patent Appeal is preferred against the order dated
12.08.2013passed in Interlocutory Application No. 3253 of 2012 in F.A. No. 115 of 2007 in and by which the learned Single Judge dismissed the application filed by the appellant under Order 1 Rule 10 C.P.C. to implead the Jharkhand State Housing Board as a necessary party in the appeal.
2. We have heard the learned counsel Mr. Sudhir Kumar Sharma, appearing for the appellant.
3. This Letters Patent Appeal has been listed under the caption 'for orders'. Since this Letters patent Appeal is preferred against the order passed in the Interlocutory Application in the First Appeal No. 115 of 2007, we have raised queries regarding the maintainability of the appeal and we have heard the submissions of the learned counsel for the appellant on the question of maintainability of the appeal.
4. First Appeal No. 115 of 2007 has been preferred against the judgment and decree dated 23.06.2007 and 07.07.2007 respectively passed by SubJudgeII, Ranchi in Title Suit No. 154 of 2004 whereby and whereunder the learned SubJudgeII, Ranchi 2 has decreed the Title Suit and found that the appellantplaintiff is entitled for refund of Rs. 2,58,794/ along with simple interest @ 6% per annum and dismissed the suit with respect to the main relief of the Specif Performance of Contract of the suit property sought for by the plaintiff. The said First Appeal No. 115 of 2007 is pending before the learned Single Judge of this Court.
5. In the First Appeal No. 115 of 2007, the appellant filed an Interlocutory Application No. 3253 of 2012 to implead the Jharkhand State Housing Board as a necessary partyRespondent No. 2 in the First Appeal No. 115 of 2007 and the said Interlocutory application No. 3253 of 2012 was dismissed by the learned Single Judge by order dated 12.08.2013.
6. The learned counsel appearing for the appellant submitted that since the order was passed in the Interlocutory Application No. 3253 of 2012 dismissing the application filed under Order 1 Rule 10 C.P.C., the Letters Patent Appeal is maintainable.
7. After the Code of Civil Procedure (Amendment) Act, 2002 by insertion of Section 100 A. Notwithstanding anything contained in any Letters Patent Appeal for any High Court or any instrument having the force of law or in any other law for the time being in force, any appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court, no further appeal shall lie from the judgment and decree of such Single Judge. The words in Section 100 A of the C.P.C., 'no further appeal shall lie' is of great significance. The said words which are 'no further appeal shall lie' clearly indicate that no further appeal shall be entertained from an order passed by the learned Single Judge either on the original or the appellate decree or order is heard and decided by a learned Single Judge of the High Court. Section 100 A reads as under:
3100 A. "No further appeal in certain cases Notwithstanding anything contained in any Letters Patent Appeal for any High Court or any instrument having the force of law or in any other law for the time being in force, any appeal from an original or appellate decree or order is heard and decided by a single judge of a High Court, no further appeal shall lie from the judgment and decree of such single judge."
8. Section 100 A C.P.C. also speaks of nonobstante clause. In view of clear bar under Section 100 A C.P.C., this Letters Patent Appeal is not maintainable and the same is accordingly dismissed as not maintainable. The appellant is at liberty to work out remedy in accordance with law.
9. The office is directed to return the original certified copy of the order to the appellant, if so required, by the appellant.
(R. Banumathi, C.J.) (Shree Chandrashekhar, J.) Manish/Amit