KARTAR SINGH HIRA SINGH Vs. HARIPAL SINGH

JUDGEMENT

(1.) This appeal under clause 10 of the Letters Patent raises the question whether a right of appeal which has been destroyed under the Patiala and East Punjab States Union Judicature Ordinance, 2005 Bk., has been revived by S. 63 of the States Reorganisation Act, 1956.

(2.) On 10-9-1956 the Chief Justice of the Pepsu High Court passed an order under Art. 226 of the Constitution quashing certain orders passed by the Financial Commissioner of Patiala. On the same day the appellant who was dissatisfied with the order of the Chief Justice presented an application under S. 52 of the Pepsu Judicature Ordinance 2005 Bk., for a certificate that the case was a fit one for appeal to a Division Bench of the said Court and on the same day the learned Chief Justice dismissed this application. The State of Pepsu was integrated with the State of the Punjab on 1-11-1956 and the appellants preferred an appeal to this Court under clause 10 of the Letters Patent against the order of the learned Chief Justice of the Pepsu High Court. This appeal is now before us for consideration.

(3.) Mr. Nehra who appears for the respondents raises a preliminary objection that the present appeal is not competent as the learned Judge by whom the order under appeal was passed had declined to certify that the case is a fit one for appeal to the Letters Patent Bench.