Kidwai, J. - (1.) These four appeals are in the nature of test cases fixed before this Full Bench in order to determine the question whether, under the rules of this Court, a special appeal lies to a division Bench from the decision, of a Single Judge on a petition for the issue of a writ under Article 226 of the Constitution. The point was fully argued before us by the learned counsel for the appellants in each of the appeals and we are obliged to Mr. Jagdish Swarup for the assistance which he gave us, as amicus curiae by putting the other side of the case before us.
(2.) The necessary facts relating to all the four appeals are stated in the order of my learned brother, Beg J., and it ig unnecessary for me to repeat them.
(3.) The question raised before us depends upon the interpretation on Rule 5 of Chapter VIII of the rules of the Court. That rule reads as follows:- " An appeal shall lie to the Court from the judgment (Not being a judgment passed 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, and not being an order made in the exercise of revisional jurisdiction, and not being an order passed or made in the exercise of its power of superintendence, or in the exercise of criminal jurisdiction) of one Judge, and 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.";