The provisions of the Code of Civil Procedure, 1908, with respect to appeals from original decrees shall so far as, they can be made applicable, apply to appeals under sub section 1 and orders passed therein by the High Court may on application to the said Chief Judge be executed by him as if they were decrees made by himself.
Aggrieved by the order passed by the learned Additional Chief Judge, Small Causes Court dated 8th February, 1996, the respondent filed a second appeal in the High Court under Section 218 D 1 of the Act.
The learned single Judge of the Bombay High Court on 31 1 1997 allowed that appeal partly.
This appeal by special leave calls in question an order of the Division Bench of the High Court of Bombay Dated 13th January, 1998 dismissing the Letters patent Appeal on the ground that the same was number maintainable.
An objection was raised before the Division Bench of the High Court regarding the maintainability of the Letters Patent Appeal on the ground that against an order of dismissal of the second appeal by the High Court, numberfurther appeal companyld He either under Letters Patent or any other law.
The learned Additional Chief Judge of the Small Causes Court decided the appeal vide order dated 8th February, 1996.
That the respondent had taken recourse to Section 218 D 1 in filing an appeal against the appellate order of the learned Additional Chief Judge of the Small Causes Court is number in dispute.
Thus, according to Section 218 D, an appeal shall also lie to the High Court from any decision of the Chief Judge of the Small Causes Court in an appeal under Section 217, upon a question of law or usage having the force of law or the companystruction of a document.
The objection found favour with the learned Division Bench and without going into the merits of the order of the learned single Judge, the Letters Patent Appeal was dismissed as number maintainable.
The appellant questioned the order of the learned single Judge dated 31st of January, 1997 through a Letters Patent Appeal.
The appellant has number questioned the maintainability of the appeal filed by the respondent under Section 218 D of the Act before the learned single Judge of the High Court before us.
Reliance was also placed on Section 100 A of the Code of Civil Procedure.
1998 Supp 3 SCR 288 The following Order of the Court was delivered Leave granted.
The respondent herein had preferred an appeal before the Additional Chief Judge of Small Causes Court under Section 217 of the Bombay Municipal Corporation Act.
Provided that numbersuch appeal shall be heard by me High Court Unless it is filed within one month from the date of the decision of the Chief Judge.
A brief reference to the facts, at this stage, would be apposite.
