S.J. Mukhopadhaya, J.

The writ petition was preferred by petitioner for a declaration that the Letter Patent dated 28th Dec., 1865, issued under Acts 24 and 25 of Victoria Chapter 104 containing 45 clauses forming part of the Rules of the High Court, Madras (Original Side) as null and void and for appropriate orders.

2. Before discussing the stand taken by the petitioner, it is pertinent to note that by the amended Letters Patent dated 28th Dec., 1865, the High Court of Judicature at Madras was established, as evident from the preamble to the Letters Patent in question and quoted below and, thereby, the petitioner has practically challenged the establishment of the High Court before the same High Court :-

“For the High Court of Judicature for the Presidency of Madras

(28th December, 1865)

Recitals of Acts 24 and 25 vic. C 104 – Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To all to whom these presents hall come, greeting: Whereas by an Act of Parliament passed in the twenty-fourth and twenty-fifth years of Our Reign entitled “An Act for establishing High Courts of Judicature in India”, it was, amongst ot