Judgment

GAJENDRAGADKAR, J.: This appeal by special leave is directed against the decision of a learned single Judge of the High Court of Andhra Pradesh in a second appeal preferred before it by the respondent. There is no doubt that under Art. 133(3) of the Constitution no appeal lies to this Court from the judgment decree or final order of one Judge of a High Court it has been the consistent practice of this Court not to encourage applications for special leave against the decisions of the High Court rendered in second appeals; but in cases where the petitioners for special leave against the second appellate judgments delivered by a single judge of the High Court are able to satisfy this Court that in allowing a second appeal the High Court has interfered with questions of fact and has thus contravened the limits prescribed by S. 100 of the Code of Civil Procedure it is not easy to reject their claim for special leave. As early as 1890 in the case of Mst. Durga Chowdhrain v. Jawahar Singh 17 Ind App 122 (PC) the Privy Council emphatically declared that under S. 584 of the earlier Code which corresponds to S.100 of the present Code there is no jurisdiction to entertain a second app