Supreme Court of India · 1995-11-20
RESHAM SINGH PYARA SINGH vs ABDUL SATTAR
- Citation / case number
- SC 1995/16800
- Court
- Supreme Court of India
- Petitioner
- RESHAM SINGH PYARA SINGH
- Respondent
- ABDUL SATTAR
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court dismissed the Special Leave Petitions (SLPs) challenging the Bombay High Court's order which held that a Letters Patent Appeal (LPA) does not lie against the interlocutory order of a single judge under Order 43, Rule 1 of the CPC. The Court clarified that Section 104 CPC prohibits further appeals from orders passed in appeal under this section, distinguishing the case from Shah Babulal Khimji vs. Jayaben (AIR 1981 SC 1787) where the context was different. The Court upheld the High Court's interpretation, affirming that the LPA was not maintainable in this instance.