V.D. Bhargava, J. - (1.) A preliminary objection has been raised to the hearing of this appeal on behalf of the respondent. It was urged that this appeal was filed without obtaining a previous certificate in the proper manner from the learned single Judge, who had decided the case. There appeared to be a difference of opinion between the opinion expressed by Malik, C. J. in similar circumstances on 22-1-1953 in Second Appeal No. 187 of 1947 and that of Randhir Singh J. in Special Appeal No. 4 of 1953 wherein he had taken a different view.
(2.) On the last occasion, when the case was listed on 15-12-58, we had adjourned the case for a detailed report from the Deputy Registrar after obtaining information from Allahabad as to whether there were other cases on this issue or not. After enquiry from Allahabad a report has been put up before us. There were three cases at Allahabad, where leave was refused on the ground, that it was made after the delivery of the judgment, but all these three orders related to a period when Rule 6 of Chapter VIII of the Rules of Court had been amended and, therefore, those decisions are not of much assistance to us.
(3.) There is a history about the rule of obtaining permission from the judge. Before the amalgamation of the Allahabad High Court and the Oudh Chief Court the right of appeal so far as Allahabad High Court was concerned was governed by Cl. 10 of the Letters Patent of the Allahabad High Court and by Section 12 of the Oudh Courts Act which provided a right of appeal against an order of the Single Judge where the Judge who passed the judgment declared that the case was a fit one for appeal. The Allahabad High Court had made rules under the powers conferred upon it by the Parliament, the Letters Patent and the Acts of the Indian Legislature and it included R. 7 of Chap. 111 of the Rules of the High Court of Allahabad as it stood before the amalgamation. That rule read as follows:- "An application for leave to appeal under Section 10 of the Letters Patent against an appellate judgment of a Single Judge of this Court shall be made in writing or orally to the Judge deciding the appeal immediately after the judgment is delivered. No other application for such leave to appeal shall be entertained.";