R. M. LODHA, J.

( 1 ) BY the order dated 13th April, 2005, the learned Chamber judge granted the chamber summons taken out by Sayed Mustafa Hussaini for his impleadment in the suit for the declaration and other incidental reliefs. Aggrieved thereby, the plaintiff has come up in appeal under clause 15 of the Letters Patent.

( 2 ) THE respondent No. 2- newly added defendant has raised the objection about the maintainability of the appeal.

( 3 ) THE question that falls for our determination is: is the appeal maintainable under Clause 15 of the Letters Patent.

( 4 ) CLAUSE 15 of the Letters Patent reads thus-"15. Appeal to the High Court from Judges of the court:- And we do further ordain that an appeal shall lie to the said High Court of Judicature at Bombay from the judgment (not being a judgment passed in the exercise of appellate jurisdiction by a Court subject to the superintendence of the said High Court, and not being an order made in the exercise of revisional jurisdiction and not being a sentence or order passed or made in the exercise of the power of superintendence under the provisionis of section 107 of the Government of India Act, or in the exercise of criminal ju