RAGHUNATH GIR CHELA MOTI GIR Vs. BEHARI LAL AND OTHERS

JUDGEMENT

(1.) ON 23rd November 1949, Das, C. J., decided S. A. O. No. 53 of 1948 and allowed the appeal, and on 22nd December 1949, the respondent in that appeal applied for leave to appeal under para. 10 of the Letters Patent. Das C. J., was not in Simla at the time and on 19th January 1950 he was appointed a Judge of the Supreme Court at Delhi. The petition for leave was heard by a Division Bench consisting of Weston C. J. and Bhandari J., and on 27th March 1950 they granted leave and said "Certificate granted."

(2.) THIS Letters Patent appeal was then placed before us for admission, and the point we have to decide is whether appeal lies on a certificate given in the circumstances above mentioned. The words used in para. 10 which deals with this matter are:

(3.) UNDER cl. 15, Letters Patent of the Bombay High Court, it was held that the declaration required for the fitness of the case for appeal has to be granted by the Judge who passed the judgment and where a judgment is passed by a temporary or officiating Judge, the declaration cannot be given by the permanent Judge in whose vacancy he was acting.