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2002 Supreme(MP) 968

DIPAK MISRA, S.K.KULSHRESTHA, K.K.LAHOTI
Laxminarayan – Appellant
Versus
Shivlal Gujar – Respondent


Advocates:
N.S. Kale with Harvindar Singh and G. Mukhopadhyay for
appellant; Divesh Jain for respondent No. l; S.K. Yadav for
respondent No.7; Ravish Agrawal, amicus curiae.

JUDGMENT

Misra, J. -- The term 'Law' is applied and taken recourse to herald the incandescent attributes of civilisation with stupendous felicity and the advancement of society is conditioned by the appropriate legal evolution. Sometimes the law is conceived as 'jus naturale', at times as 'juscivile' and some other times it is equated with 'jus honorarium'. But the term 'jus' is always important. 'Jus' should never succumb to 'Joss'. That is why it has been said that the law is not the study of words alone but a penetration into the study of nature within and nature without which are projected through words that have the moving power of life. For that simple pure reason, William Shakespeare spoke: ''The Law hath not been dead, though it hath slept. "We have embarked upon the subject with the aforesaid prefatory note as our essay and venture is to find out whether by substitution of section 100-A of the Code of Civil Procedure, 1908 (in short 'the Code') the Legislature, by taking recourse to dexterous method, has completely obfuscated the rights of' a litigant to maintain a Letters Patent Appeal in invocation of clause 10 of the Letters Patent against the judgment and decree or orde



































































































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