RATAN LAL Vs. PURUSHOTTAM

JUDGEMENT

(1.) A Division Bench of this Court sitting at Indore by order dated 19-7-2006 has referred the following question of law to the Full Bench :--

(2.) The relevant facts very briefly are that the applicants had filed the Second Appeal in this Court numbered as S.A. No. 494 of 1975 and on 5-1-1989 the Second Appeal was dismissed by a learned Single Judge of this Court for default. M.C.C. No. 6 of 1989 was filed by the applicants under Order 41 Rule 19, CPC for restoration of said Second Appeal and the same was dismissed by the Court on 9-2-2000. Against the order dated 9-2-2000, LPA No. 237 of 2000 was then filed by the applicants. The said LPA No. 237 of 2000 was admitted for final hearing and interim relief was granted on 28-9-2000 but thereafter the said LPA was dismissed on 6-9-2005 by the Court in view of the decision of the Supreme Court in Jamshed N. Guzdar Vs. Stale of Maharashtra, JT (1) 2005 SC 370, upholding the validity of the M.P. Uchcha Nyayalaya (Letters Patent Appeals Samapti) Adhiniyam, 1981 (for short 'the Samapti Adhiniyam, 1981'). Thereafter, the applicants filed SLP (Civil) No. 7813 of 2006 before the Supreme Court, but on 7-5-2006, the said SLP was withdrawn by the applicants with a view to take steps for revival of LPA under the Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 (for short 'the Adhiniyam, 2005'), which had in the meanwhile been enacted.

(3.) Section 4 (1) of the said Adhiniyam, 2005, repealed the Samapti Adhiniyam, 1981. In view of the said provision in Section 4 (1) of the said Adhiniyam, 2005, the Division Bench by order dated 19-7-2006 referred the question of law to the Full Bench as to whether the said Section 4 of the said Adhiniyam, 2005, which repeals the Samapti Adhiniyam, 1981 would revive only an appeal to a Division Bench from the order passed by learned Single Judge under Article 226 of the Constitution or would also revive appeals under Clause 10 of the Letters Patent from judgment and decree of the learned Single Judge in other cases.