ASHO DEVI versus DUKHI SAO & ANR.

ASHO DEVI versus DUKHI SAO & ANR.

A Letters Patent Appeal from the judgment of a Single Judge in a first appeal lies on both questions of fact and law; the Division Bench is not restricted by section 100 of the Code of Civil Procedure as the Single Judge is not a subordinate court under the High Court.

Parties
Appellant: Asho Devi; Respondent: Dukhi Sao; Respondent: Respondent No. 2
Jurisdiction
India
Judgment Date
08 August 1974
Procedural Posture
Civil Appeal / Appeal by Certificate From Judgment and Decree of Single Judge, Patna High Court, First Appeal
Outcome
Appeal allowed
Legal Topics
Letters Patent Appeal, Appeals From Single Judge, Scope of Appellate Powers, Fact Finding, Code of Civil Procedure Section 100
Civil Procedure Letters Patent Appeal Appeals From Single Judge Scope of Appellate Powers Fact Finding Code of Civil Procedure Section 100

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Parties

Asho Devi

Appellant

Dukhi Sao

Respondent

Respondent No. 2

Respondent

Procedural Posture

Civil Appeal / Appeal by Certificate From Judgment and Decree of Single Judge, Patna High Court, First Appeal

Legal Issues

  1. 1 Whether the Division Bench hearing a Letters Patent Appeal from the judgment of a Single Judge in a first appeal is limited by the restrictions of section 100, Code of Civil Procedure
  2. 2 Whether Division Bench can consider both questions of fact and law in such appeals

Ratio Decidendi

A Letters Patent Appeal from the judgment of a Single Judge in a first appeal lies on both questions of fact and law; the Division Bench is not restricted by section 100 of the Code of Civil Procedure as the Single Judge is not a subordinate court under the High Court.

Court Disposition

Appeal allowed

Orders

  • Judgment of the Full Bench of the Patna High Court set aside
  • Matter remanded for hearing and disposal in accordance with law