Union Of India vs Mohindra Supply Company on 5 September, 1961
4. Before I examine the evidence on this aspect, it will be convenient to refer to the law as to the precise limit of jurisdiction of this Court and the scope of an enquiry in an appeal under Clause 15 of the Letters Patent against the judgment of a Single Judge of this Court. The appeal C. M. A. 83 of 1961 against the judgment of the learned City Civil Judge was preferred to this Court under Section 28 of the Act of 1955. The Act does not contain any prohibition or restriction as to a further appeal like Section 39(2) of the Arbitration Act, covered by the decision of the Supreme Court in Union of India v. Mohindra Supply Co., with the result, that the appellant has got a further right of appeal to this Court under Clause 15 of the Letters Patent, The question is whether in such a Letters Patent appeal, the Bench is entitled to consider questions and findings of facts and reach its own conclusion, whether affirming or differing from the findings of the learned Single Judge or whether the Bench is bound by the findings of fact reached by the learned Single Judge. Clause 15 of the Letters Patent provides (in so far as it is material):--