RAMCHANDRA GOVERDHAN PANDIT Vs. CHARITY COMMISSIONER OF STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is by special leave granted by this Court on 30-10-1973 against the judgment and order of the High Court of Gujarat dated 19-9-1972 passed in Letters Patent Appeal No. 72 of 1971. The facts necessary in brief for disposal of the appeal are as hereunder :

(2.) The Division Bench dismissed the appeal relying upon an earlier judgment rendered by another Division Bench of that Court reported in Hiragar Day agar v. Ratanlal, (1972) 13 Guj. LR 181 : (AIR 1973 Guj. 15). This decision was rendered on 26-10-1971. The ratio of the decision is that the single Judge who disposed of the appeal was hearing an appeal in respect of an order made in the exercise of appellate jurisdiction by a Court subject to the superintendence of the High Court and that, therefore, it was necessary for the appellant to obtain a certificate from the single Judge that the case was a fit one for appeal to the Division Bench under Clause 15 of the Letters Patent Appeal. It is this question that we have to consider in the case.

(3.) For this purpose we will first read sec. 72 which is as follows :