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1985 Supreme(Pat) 136

S.S.SANDHAWALIA, S.K.JHA, S.K.CHOUDHURI
Masomat Narmada Devi And Another – Appellant
Versus
Ram Nandan Singh – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. The salient and meaningful questions which arise for determination in this reference to the Full Bench may well be formulated in the terms following :

1. Whether an appeal is still maintainable against an order (other than an interlocutory one) under S.47 of the Code of Civil Procedure despite the amendment of S.2(2) thereof, and other statutory changes wrought therein by the Code of Civil Procedure (Amendment) Act, 1976 ?

2.Whether the abolition of a right of appeal by the competent legislature would attract the equality clause of Art.14 of the Constitution and involve any consequential discrimination in this field ?

3.Whether Parshava Properties Ltd. V/s. A.K. Bose, AIR 1979 Pat 308 lays down the law correctly in the aforesaid twin context ?

4.If the answer to question No. 1 is in the negative, would S.97(2)(a) of the amending Act preserve the right of appeal only in respect of the pending appeals or would extend also to cases where the right to file the appeal had already accrued prior to the 1st of February, 1977 against an order passed under S.47 of the Code ?

5.If it is held under question No. 4 that S.97(2)(a) saves the right of appeal even whe
















































































































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