Meena Kumari vs Most. Urmila Devi And Others
2023 Latest Caselaw 1035 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             L.P.A. No.316 of 2021
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Meena Kumari.                                ........Appellant
                         Versus
Most. Urmila Devi and others               .....Respondents
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      CORAM:            HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

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For the Appellant               : Mr. Jayant Kumar Pandey, Advocate
For the Respondents             :
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Oral Order
07/Dated: 1.3.2023

In this letters patent appeal, the appellant has assailed the order passed in W.P. C. No. 701 of 2019 by the learned Single Judge, whereby the writ petition filed for quashing the order passed by the learned Additional Judicial Commissioner-VI, Ranchi in Civil Misc. Case No. 07 of 2019, 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