V.G. Oak, J. - (1.) This is a special appeal against an order passed by a single Judge of this Court vacating previous stay orders passed in a writ petition. On 27 -1 -1970 and 5 -3 -1970 interim stay orders were passed by the Court. Those interim stay orders were subsequently vacated by the learned single Judge on 31 -3 -1970. This special appeal by Radhey Shyam has been filed against the order dated 31 -3 -1970. Radhey Shyam is the petitioner in the writ petition. The writ petition is still pending.
(2.) We considered at the outset whether the impugned order is appealable. In Bishambhar Nath v/s. Suraj Kali, 1959 All LJ 313 it was held by a Division Bench of this Court that where the effect of the decision in the proceedings in which it was made was to put an end to the proceedings so far as the Court before which that proceeding was pending was concerned, the adjudication would be "judgment" within the meaning of the term as contemplated in Chapter VIII, Rule 5, Rules of Court.
(3.) In Standard Glass Beads Factory v/s. Shri Dhar it was held by a Full Bench of this Court that an order of a single Judge of the High Court dismissing an appeal against an order granting a temporary injunction is a "judgment" within the meaning of Clause 10 of the Letters Patent of Allahabad High Court.;