MAINTAINALIBITY
Pramod Rai
(Querist) 20 February 2009
This query is : Resolved
IN A FIRST APPEAL BEFORE HIGH COURT AN I.A. WAS FILED AND THAT I.A. WAS DISMISSED. QUESTION IS THAT WHAT REMEDY IS FOR PETITIONER, CAN HE FILE AN L.P.A.(LATTER PATENT APPEAL) BEFORE DIVISION BENCH OR NOT, IF YES, IS THERE ANY CASE LAW.
Guest
(Expert) 21 February 2009
LPA rules are different from one High Court to another High Court. As per Delhi High Court Rules (adopted of Lahore H.C. rules), Rule 10 does not allow the appeal in your case, as the IA has been decided in appellate jurisdiction. (It is my personal opinion. Kindly get it clarified by some other legal professionals also). Rule 10 is as follows:
"10.Appeals to the High Court from the Judges of the Court: And we do further ordain that an appeal shall lie to the said High Couurt of Judicature at Lahore from the judgment (not being a judgment passed in the exercise of appellate jurisdiction in respect of a decreee or order made in the exercise of appellate jurisdiction by a Court subject to the Superintendence of the said High Court, and not being an order made in exercise of revisional jurisdiction, and not being a sentice or order passed or made in the exercise of the power of Superintendence under the provisions of Section 107 of the Government of India Act, or in the exercise of criminal jurisdiction) of one judge of the said High Court.
Kamlesh soni
(Expert) 21 February 2009
I do agree Mr.Prabhakar
