Randhir Singh, J. - (1.) This is an application for leave to file a special appeal against the appellate judgment of a learned single Judge of this Court.
(2.) The relevant part of Rule 5 of Chapter VIII of Rules of Court is as follows:- "An appeal shall lie to the Court from a judgment of one Judge made in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction by a court subject to the superintendence of the Court, where the Judge who passed the judgment declares that the case is a fit one for appeal."
(3.) This is followed by Rule 6 which is as follows:- "Where a Special Appeal from the judgment of one Judge does not lie unless such Judge has declared that the case is a fit one for appeal an application for such declaration may be made orally before or at the time when the judgment is delivered. The Court shall thereupon record an order granting or refusing to grant such declaration.";