- (1.) WE have heard learned counsel for the parties.
(2.) THE short question that arises for consideration in these appeals is whether when a writ petition is heard by a learned single Judge and he calls for counter and rejoinder affidavits, but he does not pass any order on the stay application either granting a stay order or refusing the stay order, then, whether the order amounts to refusal of interim order to the petitioner either temporarily or impliedly amounting to a judgment within the meaning of Chapter VIII Rule 5 of the Rules of the Court, 1952. The learned counsel for the appellants have urged that the actual position in the Court is that in a petition in which counter and rejoinder affidavits are called by the Court and the petition is directed to be listed, then, it becomes a herculean task to get the case listed or to get the petition taken up for consideration of stay application as every Court is overburdened with work. Therefore, at the very first stage when the petition is argued as a fresh case the learned single Judge who hears the fresh petition may either grant a stay order or reject the stay application.
(3.) THE learned counsel for the appellants have urged that if an order adversely affects the valuable right of the party either temporarily or impliedly by refusing to grant an interim relief such order shall be having trappings of a judgment and the special appeal shall be maintainable under Chapter VIII Rule 5 of the Rules of the Court.;