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2005 Supreme(Ker) 653

J.B.KOSHY, K.M.JOSEPH, K.R.UDAYABHANU
K. V. Balan – Appellant
Versus
Sivagiri Sree Narayana Dharma Sanghom Trust, Rep. By Swamy Paramanda – Respondent


Judgment :-

Koshy, J.

In these cases, questions of law referred to be decided by the Full Bench are:

(i) Whether an appeal will lie against the order of a single Judge passed under section 24 of the Code of Civil Procedure;

(ii) When such proceedings are under consideration can the learned single Judge pass interim orders; and

(iii) If interim orders are passed by the single Judge, whether appeals to the Division Bench can be filed from such interim orders.

2. No appeal is specifically provided under the Code of Civil Procedure, 1908 (in short ‘CPC’) against orders passed under section 24. There is also no specific prohibition in CPC against filing of an appeal against such an order. Therefore, appeal can be filed if it is provided under any other law as right of appeal is a creature of Stature. Sections 104 and 105 of CPC prohibit filing appeals except by express provision in the CPC or any other law. Section 5 (i) of the Kerala High Court Act, 1958 provides for appeal from the judgment or order of a single judge in the exercise of original jurisdiction. It need not be a judgment. From the plain terms of the section, if an order is passed by the learned single Judge in original jurisd






































































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