SANJAY KISHAN KAUL, J.

1. The interplay of the jurisdictions to be exercised under Letters Patent and as the First Appellate Court while dealing with non-appealable orders passed by the learned Single Judge in exercise of ordinary original civil jurisdiction has given rise to the present reference. The question, thus, which arises for consideration is:

“If an order is passed by the learned single Judge in exercise of Ordinary Original Civil Jurisdiction which is not appealable under Section 104 (1) read with Order 43 (1) of the Code of Civil Procedure, 1908 (hereinafter referred to as the “said Code”) whether the remedy would be under Section 10 (1) of the Delhi High Court Act, 1966 (hereinafter referred to as the “said Act”) or under Clause 10 of the Letters Patent?”

2. The occasion to make this reference arose on account of the fact that at various times pronouncements of this Court have treated it as an “either” or “or” situation while entertaining an appeal, i.e., an appeal would be maintainable from a non-appealable order provided it satisfies certain tests and such an appeal may arise under one or the other of the aforesaid provisions and, thus, the matter was never