- (1.) THIS is an appeal under Chapter IX, rule 10, of the Rules of Court and Section 10 of the Letters patent, read with Articles 225 and 372 of the Constitution of India.
(2.) RAM Rakshpal, the appellant, filed an application, Criminal Miscellaneous Application No. 51 of 1953, for contempt of court proceedings against certain parties for reasons given in the affidavit accompanying the application. The application was dismissed by the Hon'ble the Chief justice as having no force. This is an appeal against that order.
(3.) WE heard the learned counsel on the question about the maintainability of the appeal. He relies on clause 10 of the Letters Patent of this Court. The relevant portion of that clause is: "and we do further ordain that an appeal shall lie to the said High Court of Judicature at Allahabad from the judgment (not being a judgment passed in the exercise of appellate jurisdiction by a Court subject to the superintendence of the said High court, and not being an order made in the exercise of revisional jurisdiction, and not being a sentence or order passed or made in the exercise of the power of superintendence under the provisions of Section 107 of the Government of India Act, or in the exercise of criminal jurisdiction) of one Judge of the said High Court or one Judge of any Division Court, pursuant to section 108 of the Government of India Act. . . . . ". ;