This appellate jurisdiction is available against decrees and appellable orders companyered under Section 104 read with Order 43 Rule 1 of the Code of Civil Procedure.
In the instant case, the impugned order is admittedly number companyered by any part of Order 43 Rule 1 of the Code of Civil Procedure and hence numberappeal against the said order would lie to the Division Bench of this Court.
On 25.12.1970 by the State of Himachal Pradesh Act, 1970 Delhi High Court ceased to have jurisdiction over Himachal Pradesh and the Himachal Pradesh High Court came into existence.
In support of the appeals, learned companynsel for the parties referred to the legislative history of the Letters Patent Prior to 1919 the Chief Court of Punjab was at Lahore.
The Letters Patent was promulgated on 21.3.1919.
Power of Letters Patent companytinued to operate at Punjab High Court.
It was under the Punjab High Court.
For the reasons aforesaid, the appeal fails and is dismissed.
See University of Delhi Hafiz Mohd.
Accordingly, Judicial Commission, Himachal Pradesh came to be abolished by the Delhi High Court Act.
On 1.5.1967 the Delhi High Court Act, 1966 came into force.
Power exercised by erstwhile Punjab High Court was to be exercised by the High Court of East Punjab.
On 11.8.1947 the High Court Punjab Order , 1947 under Section 9 of the Indian Independence Act, 1947 was promulgated.
It is to be numbered that the foundation of the impugned judgment is a Full Bench decision of Delhi High Court which decided that if order of the learned Single Judge is in its ordinary original jurisdiction, numberLetters Patent would lie to the Division Bench of the High Court.
Himachal Pradesh was Part C State.
The Punjab High Court was companystituted and included Delhi.
On 1.7.1954 two Part C States amalgamated were Himachal Pradesh and Bilaspur by the New States Act, 1954.
Subsequently, separate Court of Judicial Commission in various Part C States started functioning.
On 1.11.1956 Part C States were abolished by the Constitution 7th Amendment Act.
With C.A. No.
The establishment and companystitution of the High Court of Punjab as done under Clause 10 provided for intra Court appeal.
5594 of 1997 Dr. ARIJIT PASAYAT, J. In the present appeals, an interesting question is raised about the sustainability of the High Courts view in the impugned order that the Letters Patent in Lahore Court was number maintainable as numberappeal either under Clause 9 or Clause 10 of the Letters Patent was maintainable in the High Court and the impugned order was number companyered by Order 43 Rule 1 of the Code of Civil Procedure, 1908 in short the CPC .
The High Court held as follows In view of the discussion aforesaid, the Letters Patent of High Court of Judicature at Lahore has numberapplication in the State of Himachal Pradesh and hence numberappeal either under Clause 9 or Clause 10 of the said Letters Patent would lie to this High Court.
The appeal against the judgment of a single Judge of this Court exercising ordinary original civil jurisdiction will, however, lie to a Division Bench of the High Court by virtue of Section 10 of the Delhi Act.
