K. VINOD CHANDRAN, PARTHA SARTHY
Om Prakash Singh – Appellant
Versus
Mostt. Sumitra Devi – Respondent
K. Vinod Chandran, CJ.—The Registry has noted a defect of the instant LPA not been maintainable for reason of it arising out of a civil review against an order in first appeal. The learned counsel for the appellants relied on a decision of the Hon’ble Supreme Court specifically relating to the maintainability of Letters Patent Appeal under Clause 10, as provided in Appendix-E of the Rules of the High Court at Patna, 1916. Therein, the issue was with respect to the maintainability of an appeal from the order passed by a learned Single Judge of the Patna High Court in a first appeal against the order of the Tribunal under Section 140 of the Motor Vehicles Act, 1988, as it then stood. It was held so in Paragraph 8 of the decision in Chandra Kanta Sinha vs. Oriental Insurance Co. Ltd. and Ors; (2001) 6 SCC 158, which is extracted hereunder;—
8. It can thus be seen that for purposes of appeal, under this clause, judgments of one Judge of the High Court of Patna are classified in two groups. In the first group fall judgments from which appeal will lie to the said High Court. From this group two categories of judgments of one Judge of the High Court are excluded (i) a judgment passed in ex
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