- (1.) Leave granted.
(2.) This appeal by special leave calls in question an order of the Division Bench of the High Court of Bombay dated 13th of January, 1998 dismissing the Letters Patent Appeal on the ground that the same was not maintainable. A brief reference to the facts, at this stage, would be apposite.
(3.) The respondent herein had preferred an appeal before the Additional Chief Judge of Small Causes Court under Section 217 of the Bombay Municipal Corporation Act. The learned Additional Chief Judge of the Small Causes Court decided the appeal vide order dated 8th February, 1996. Aggrieved by the order passed by the learned Additional Chief Judge, Small Causes Court dated 8th February, 1996, the respondent filed a second appeal in the High Court under Section 218-D(1) of the Act. The learned single Judge of the Bombay High Court on 31-1-1997 allowed that appeal partly. The appellant questioned the order of the learned single Judge dated 31st of January, 1997 through a Letters Patent Appeal. An objection was raised before the Division Bench of the High Court regarding the maintainability of the Letters Patent on the ground that against an order of dismissal of the second appeal by the High Court, no further appeal could lie either under Letters Patent or any other law. Reliance was also placed on Section 100-A of the Code of Civil Procedure. The objection found favour with the learned Division Bench and without going into the merits of the order of the learned single Judge, the Letters Patent Appeal was dismissed as not maintainable.;