Judgement

JUDGMENT :- Leave granted. We have heard learned counsel for the parties.

2. The short question is whether an appeal would lie before a Division Bench of the High Court against an order of the learned single Judge rendered by him in proceedings under S. 6 of the Specific Relief Act, 1963 (hereinafter refer to as the Act). Learned single Judge passed an order dated 15-11-1994 in Suit No. 411/93 decreeing the suit in terms thereof. When an appeal was carried to the Division Bench of the High Court against the said order, it was contended on behalf of the respondents that the appeal was not maintainable in view of sub-sec. (3) of S. 6 of the Act. The said provision certainly bars any appeal or revision against any order passed by the court under S. 6 of the Act. To that extent the decision of the Division Bench cannot be found fault with. However, one contention canvassed by learned counsel for the appellant requires closer scrutiny. He submitted that even if an appeal would not lie under sub-sec. (3) of S. 6 of the Act by itself against any order passed by the court under S. 6 of the Act, this was an order passed by learned single Judge of the High Court exercising original j