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november 1995

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.

RESHAM SINGH PYARA SINGH vs ABDUL SATTAR · Niyam