Madhup Kumar v. Satyendra Prasad & Ors.
Case at a glance
- Bench
- SHIVA KIRTI SINGH, VIKASH JAIN
Provisions considered
- Constitution of India art. 227
Key paragraphs
- Para 33. 25-07-2012 Heard learned counsel for the appellant in respect of the Letters Patent Appeal as well as the Limitation Petition seeking condonation of 7 days delay. No order need be passed in respect of limitation petition in view of the fact that this letters…
Judgment
.... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Birendra Kumar Singh For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH)
25-07-2012 Heard learned counsel for the appellant in respect of the Letters Patent Appeal as well as the Limitation Petition seeking condonation of 7 days delay. No order need be passed in respect of limitation petition in view of the fact that this letters patent appeal itself is not maintainable. The learned Single Judge has exercised powers under Article 227 of the Constitution of India for interfering with an order passed by Sub-Judge, Gaya in Title Suit (Partition) No.160/2005. It is well settled in law by catena of judgments of this Court that no letters patent appeal is maintainable against exercise of power by a learned Single Judge under Article 227 of the Constitution of India. In that view of the matter, this L.P.A. is dismissed as not maintainable. (Shiva Kirti Singh, J) Fahad./- (Vikash Jain, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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