ASRUMATI DEBI versus KUMAR REPENDRA DEB RAIKOT

ASRUMATI DEBI versus KUMAR REPENDRA DEB RAIKOT

An order for transfer of a suit made under clause 13 of the Letters Patent is not a 'judgment' within the meaning of clause 15 and is not appealable, as it does not affect the merits of the controversy between parties nor terminate/dispose of the suit; it is distinct from orders under clause 12 (leave to sue) and does not meet the tests laid down by Calcutta and Madras High Courts.

Parties
Appellant: Asrumati Debi; Respondent: Kumar Rupendra Deb Raikot; Agent: Agent for appellant; Agent: Agent for respondent No. 1
Jurisdiction
India
Judgment Date
27 February 1953
Procedural Posture
Civil Appeal / Appeal by Special Leave Against an Appellate Judgment of Calcutta High Court
Outcome
Appeal dismissed
Legal Topics
Letters Patent Jurisdiction, Definition of 'judgment' Under Letters Patent, Appealability of Transfer Orders
Civil Procedure Letters Patent Jurisdiction Definition of 'judgment' Under Letters Patent Appealability of Transfer Orders

Case Brief

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Parties

Asrumati Debi

Appellant

Kumar Rupendra Deb Raikot

Respondent

Agent for appellant

Agent

Agent for respondent No. 1

Agent

Procedural Posture

Civil Appeal / Appeal by Special Leave Against an Appellate Judgment of Calcutta High Court

Legal Issues

  1. 1 Whether an order for transfer of a suit under clause 13 of the Letters Patent is a 'judgment' within the meaning of clause 15 and appealable
  2. 2 Meaning of 'judgment' under Letters Patent

Ratio Decidendi

An order for transfer of a suit made under clause 13 of the Letters Patent is not a 'judgment' within the meaning of clause 15 and is not appealable, as it does not affect the merits of the controversy between parties nor terminate/dispose of the suit; it is distinct from orders under clause 12 (leave to sue) and does not meet the tests laid down by Calcutta and Madras High Courts.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs