M.M. Dhonchak vs Union Of India

C. Hari Shankar, J.

This Letters Patent Appeal under Clause 10 of the Letters Patent applicable to this Court assails order dated 21 October 2024 whereby the learned Single Judge has merely rejected the application seeking preponement of hearing.

As held by the Supreme Court in Shah Babulal Khimjki v. Jayaben D. Kania and Ors^{11.(1981) 4 SCC 8}., a Letters Patent Appeal under Clause 10 of the Letters Patent is maintainable only against a judgment. The judgment has been defined in the said case as a decision which determines the right of one of the parties to the litigation even if it is at an interim stage.

The impugned order does not do so. The LPA is not maintainable. It is accordingly dismissed.