National Textile Corporation (Sm) Ltd. vs Devraj Chandrabali Pai on 19 September, 2005
In such situation merely because Article 226 is mentioned in the cause title of the petition it cannot be held that such a person is entitled to maintain an appeal. If this is to be accepted the necessary implication would be that those litigants who mention Articles 226 and 227 of the Constitution of India in the cause title of their petition had a remedy of Letters Patent Appeal and those who do not so mention loose the remedy. The necessary corollary being conferral of this right to choose the Forum and remedy of litigants takes away jurisdiction of this Court to exercise its power under a particular Article. Taking into consideration all these aspects and the judgment of the Division Bench of this Court referred to above, in our opinion, Letters Patent Appeal in the instant case is not maintainable. It is accordingly dismissed.