High CourtsSingle Bench(1965) 05 P&H CK 0067

Ved Parkash Sawhney vs Tata and Sons (Private) Ltd., and Another

Punjab And Haryana At Chandigarh · Decided on 11 May 1965

HON’BLE JUDGES
D.K. Mahajan, J
RESULT
Dismissed
CASE NUMBER
S.C.A. No. 46 D of 1965

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Judgment

2 paragraphs · 178 words

D.K. Mahajan, J.—This is an application under Order 45, rules 2 and 3 of the CPC for grant of a certificate of fitness for appeal to the Supreme Court against the judgment of Bedi J., dated the 27th October, 1964 rejecting F.A.O. No. 10-D of 1 64.

2.

No Letters Patent Appeal was filed against this judgment. This is admitted by the counsel appearing for the petitioner. It is, however, stated that an application was made to Bedi J., for a certificate under clause 10 of the Letters Patent, and that certificate was refused. No certificate is required for a Letters Patent Appeal under clause 10 from a judgment passed by a Single Judge in. the exercise of the first appellate jurisdiction. Moreover, in view of Article 133(3) of the Constitution, no certificate can be granted by the High Court for leave to appeal to the Supreme Court in a case where the judgment appealed against is delivered by a single Judge of a High Court. In this view of the matter, this petition fails and is dismissed.