NAINAR SUNDARAM, J.

The writ appeal has been preferred against the order of the learned single Judge in W.P. No. 11437 of 1981. There is no gainsaying that the writ petition is one preferred under Article 226 of the Constitution of India. However, the writ appeal is one preferred pursuant to Clause 15 of the Letters Patent of this Court. We are adverting to this fact for the purpose of showing that we are exercising appellate jurisdiction, and not a jurisdiction as conferred by Article 226 of the Constitution of India, though the decision in the writ appeal may take in a disolution of the relevant aspects under that Article. For the said appellate jurisdiction, the Code of Civil Procedure, hereinafter referred to as the Code, would apply. A view to the said effect has been expressed by a Bench of this Court, to which one of us (Nainar Sundaram, J.) has been a party in Govindarajulu and another v. Dharam and another, C. M. A. S. R. No. 76357 of 1980 and C.M.P.S.R. No. 76358 of 1980, order dated 27-7-1984, concisely reported in 1984 TLNJ 279 :1985 AIR(Mad) 264. Wherein it has been noted

"When the statute directs an appeal to an ordinary civil court, without in any manner c