Report No. 79

Chapter 11

Appeals against Judgments of Single Judges

11.1. Scope of the Chapter.-

This Chapter is concerned with appeals from the decisions of a High Court judge to a Bench of the High Court. The right of appeal in such cases is Rimmed by the relevant clauses of the Letters Patent of the High Court concerned,1-2-3 in the case of High Courts which are of governed by the Letters Patient, by the corresponding provisions containec4 in the instruments constituting the High Courts. Such instruments usually provide for appeal against judgments of a single judge to a Bench of the High Court5.

1. Clause 15, Letters Patent, Calcutta, Bombay and Madras.

2. Clause 10, Letters Patent, Allahabad, Lahore, Patna and Nagpur (substantially continued in force by the High Courts Order or other instrument, e.g. section 8, Delhi High Court Act, 1966).

3. Clause 12, Letters Patent, Jammu & Kashmir

4. E.g. (a) Section 5, Kerala High Court Act, 1958 (5 of 1959); (b) Section 18, Rajasthan High Court Ordinance (5 of 1949).

5. For procedure, see Mulla Code of Civil Procedure, (1955), Vol. 1, p. 25, 417, 452.

11.2. There can be no doubt that even if an appeal were permissible against the judgment of a single judge of a High Court rendered in first appeal1 it would amount to second appeal.

1. Unless abolished by statute, e.g., the U.P. High Court Abolition of Letters Patent Appeal Act, 1962 (Appendix 8), p. 305.