Special appeals cannot be filed against judgments made under Article 227 of the Constitution when challenging court orders, following the provisions of Chapter VIII Rule 5 of Allahabad High Court Rules.

JUDGMENT :

Order on Delay Condonation Application

1. Heard.

2. Although we have serious doubts as regards the maintainability of this special appeal under Chapter VIII Rules 5 of the Allahabad High Court Rules, 1952, nevertheless, as the appeal is delayed, first and foremost we have to consider the delay whether it is liable to be condoned.

3. Having gone through the affidavit in support of the application for condonation of delay, we find that the cause shown is sufficient.

4. Accordingly, we condone the delay in filing the appeal.

Order on Appeal

5. We now proceed to consider the maintainability of the appeal under Chapter VIII Rules 5 of the Rules, 1952.

6. The appeal is directed against the judgement and order dated 18.7.2025 passed by the learned Single Judge in a petition filed by the appellant under Article 227 of the Constitution bearing No. 4232 of 2025 ( Vinay Mohan vs. Nidhi Singh ).

7. The petition under Article 227 itself was filed challenging an order dated 29.03.2025 passed by the Family Court in Matrimonial Case No. 2162 of 2022 filed under Section 12 of the Hindu Marriage Act, 1955, wherein the application of the appellant-petitioner seeking medical examination had been rejected.

8. Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 reads as under:-

5. Special appeal :- An appeal shall lie to the Court from a judgment (not being a judgment passed in the exercise of appellate jurisdiction) in respect of a decree or order made by a Court subject to the superintendence of the Court and not being an order made in the exercise of revisional jurisdiction or in the exercise of its power of superintendence or in the exercise of criminal jurisdiction [or in the exercise of the jurisdiction conferred by Article 226 or Article 227 of the Constitution in respect of any judgment, order or award--(a) of a tribunal, Court or statutory arbitrator made or purported to be made in the exercise or purported exercise of jurisdiction under any Uttar Pradesh Act or under any Central Act, with respect to any of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule to the Constitution, or (b) of the Government or any officer or authority, made or purported to be made in the exercise or purported exercise of appellate or revisional jurisdiction under any such Act of one Judge."

9. As per the said provision, an appeal shall lie to the Court from a judgement of one Judge. However, there is an exclusion clause which excludes the cases in which appeal cannot be filed.

10. On a bare reading of the aforesaid provision in order an appeal to be maintainable under Chapter VIII Rule 5 of the Rules, 1952 against a judgement, it has to be a judgement which has not been passed in exercise of appellate jurisdiction in respect of a decree or order made by a Court subject to superintendence of the Court and not being an order made in the exercise of revisional jurisdiction, or in the exercise of power of superintendence, or in the exercise of criminal jurisdiction, or in the exercise of jurisdiction conferred by Article 226 or Article 227 of the Constitution in respect of any judgement, order or award (a) of a Tribunal, Court or statutory arbitrator made or purported to be made in exercise of jurisdiction under any Uttar Pradesh Act or under any Central Act, with respect to any of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule to the Constitution, or (b) of the Government or any officer or authority, made o