AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Sri V.B. Yadav, learned Counsel for the Appellants.
This special appeal under Rule 5 Chapter VIII of the High Court Rules, 1952 is directed against the order dated 31.5.2011 passed on an application in Civil Misc. Writ Petition No. 1234 of 2010.
The learned Single Judge by the aforesaid order has only directed the application No. 167066 of 2011 filed in the above writ petition to be listed with previous papers i.e. with the record of the writ petition.
In this Court, as per the practice, this is an usual order which is passed on an application moved subsequently in a pending writ petition, though many a time specific date is also fixed.
It is settled that special appeal under Rule 5 of Chapter VIII of the High Court Rules is provided against a judgment which need not be a final order but an order adjudicating some right of the parties. In finding out whether an order is a judgment for the purpose of subjecting it to special appeal it has to be ascertained whether the order determines some right or liability.
The above order certainly is not an order on merit nor determines or affects any right of the parties which are yet t be adjudicated in the pending writ petition or the application therein.
A Division Bench of this Court in 2009 (1) ADJ 14 Committee of Management of National Integrated Medica Association and Ors. v. State of U.P. and Ors. held that a special appeal would not be maintainable against the order of the learned Single Judge directing for issuing notice on a writ petition or directing for filing of counter affidavit a such orders would not be a judgment.
In view of above, the order impugned in this appeal is not judgment and, as such, special appeal against the sam under Rule 5 of Chapter VIII of the High Court Rules is no maintainable.
The appeal is misconceived and is accordingly dismissed.