SUBBA RAO, C.J. : -

This raises the question whether a Letters Patent Appeal would lie against the judgment of a single Judge of this High Court disposing of a Second Appeal arising out of the area, which was part of the erstwhile Hyderabad State but now included in the Andhra Pradesh State.

2. On 21-11-1956, Ansari J., allowed S. A. No. 84/1 of 1956 setting aside the decree of the appellate Court and restoring that of the trial Court. At the time the judgment was delivered, no request was made to the learned Judge for leave to prefer a Letters Patent Appeal. But, on 13-2-1957, the respondents in the appeal presented a Letters Patent Appeal to this Court and also an application for granting them leave to prefer the appeal. The office raised an objection as regards the maintainability of both the appeal and the petition for excusing the delay. As many Letters Patent Appeals have been filed under similar circumstances and some more are likely to be filed, this case has been posted for an authoritative ruling of this Court.

3. Clause 15 of the Letters Patent issued under Acts 24 and 25 Victoria governs the right of a party to prefer an appeal from the judgment of a single Judge