P. S. MISHRA, C. J.

( 1 ) WHEN time passes and situations undergo changes, conventions of the courts and rules of procedure are sometimes stretched and even violated. Every High Court in matters of procedure is given freedom by the laws made by the competent legislature and to seek uniformity of procedure in all the courts in the country is to seek concurrence of minds of Judges of different courts of the country, which is possible only when they interact and recognise the wisdom behind a particular procedure, which is followed in any Court. This Court, although created after independence and the Constitution of the republic of India has inherited and by law made by the Parliament, conferred with the Letters Patent power of the Madras High Court, a Full Bench of this court in A. Srinath vs. APSRTC has accepted that the practice of the Madras high Court applies perforce to this Court. The Full Bench has traced the history of the creation of this Court stating inter alia as follows:"the history of the creation of this Court goes to the period of King george III of Great Britain when under the Letters Patent dated 26-12-1818 a Supreme Court of Judicature at Madras was established followedby its revocation under the Letters Patent dated 26-6-1862 under which the High Court of Judicature for the Presidency of Madras was created, and reconstituted by the Letters Patent dated 28-12-1865. On creation of the State of Andhra under The Andhra State Act, 1953 (30 of 1953) and the State of Andhra Pradesh under the States Reorganisation act, 1956 (Act 37 of 1956), this Court has been established as a successor of the power of appeal under Clause 15 of the Letters Patent of the Madras high Court. Ever since its establishment, the Madras High Court has exercised in such Civil, Criminal, Admiralty, Vice-Admirality, testamentary, intestate and matrimonial jurisdiction, original and appellate and all such powers and authorities for and in relation to the administration of Justice as are conferred upon it under the said Letters patent and/or amendment thereto. This Court has also exercised all the above powers except the ordinary original jurisdiction as spelled out in clause 12 of the Madras Letters Patent. A Letters Patent power of the court in Clause 15, however, is common to both the Courts and exclusive to this Court for the territorial jurisdiction of the State of Andhra pradesh. "

( 2 ) THE appellate jurisdiction is created with respect to matters, civil and criminal, not being a sentence or order passed or made in the exercise of the power of superintendence under the provisions of Section 107 of the government of India Act, 1915 or in the exercise of the criminal jurisdiction of one Judge of the High Court or one Judge of any Division Court pursuant to Section 108 of the Government of India Act. The last part of the clause wherein appeal to the Privy Council is preserved, however, stands repealed by the Constitution of India. Section 108 of the Government of India Act, 1915 has been continued by promulgation of Government of India Act, 1935 and by Article 225 of the Constitution of India. Section 108 of the Government of India Act, 1915 reads as follows:" (1) Each High Court may by its own rules provide, as it thinks fit, for the exercise, by one or more judges, or by division courts constituted by two or more judges, of the High Court, of the original and appellate jurisdiction vested in the Court. (2) The Chief Justice of each High Court shall determine what judge in each case is to sit alone and what judge of the Court, whether with or without the Chief Justice, are to constitute the several division courts. "in other words, Section 108 of the Government of India Act, 1915 provides,"if rules framed by the Court provide that one or the other original or appellate jurisdiction of the Court would vest in one or more Judges, that would determine whether a certain case would be listed before a single Judge or before a Division Bench of two

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