Shashi Kant Pandey vs M/S Sanchayani Computers Pvt. Ltd
2023 Latest Caselaw 1034 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
            L.P.A. No.391 of 2021
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Shashi Kant Pandey. ........Appellant Versus M/s Sanchayani Computers Pvt. Ltd. .....Respondent

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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

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For the Appellant            : Mr. Sanjay Kumar Sinha, Advocate
For the Respondents          :
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Oral Order
05/Dated: 1.3.2023

In this letters patent appeal, the appellant has assailed the order dated 20.11.2021 passed in C.M.P. No. 390 of 2020 by the learned Single Judge, whereby the C.M.P. filed for quashing the order dated 5.2.2022 passed by the learned Civil Judge, Senior Division-1, Jamshedpur in Original Title Suit No. 68 of 2018, has been dismissed.

As per the Civil Procedure Code Amendment Act, 2002 w.e.f. 1.7.2002 Section 100-A has been added, which provides as follows:-

"100-A. No further appeal in certain cases.-Notwithstanding anything contained in any Letters Patent for any High Court or in any other instrument having the force of law or in any other law for the time being in force, where any appeal from an appellate decree or order is heard and decided by a Single Judge of a High Court, no further appeal shall lie from the judgement, decision or order of such Single Judge in such appeal or from any decree passed in such appeal".

Keeping in view to the aforesaid provision a Division Bench presided by the then Chief Justice in L.P.A. No. 196 of 2021 as per the judgment dated 08.09.2021 has already held that such L.P.A. is not maintainable.

In that view of the matter, this L.P.A. is dismissed as not maintainable. There shall be no order as to costs.

(S.K. Mishra, C.J.)

(Rongon Mukhopadhyay, J)

Rakesh/Mukesh