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TMI Blog2010 (10) TMI 1015X X X X Extracts X X X X X X X X Extracts X X X X ..... ers Patent Appeal (for short `LPA') is maintainable before the Division Bench against the judgment of the learned Single Judge of the High Court. Dated 6.8.2008. Since there was conflict of opinion between different Division Benches of the High Court on the point whether the LPA was maintainable in view of the amendment of Section 100A CPC the Full Bench was constituted, and by the impugned judgment it was held that the LPA was not maintainable in view of Section 100-A CPC. 6. It may be mentioned that the proceedings arose out of an interim order dated 9.9.2005 passed by the Additional District Judge, Fast Track Court No.III, Bhubaneswar in Civil Suit No.498 of 2004. The Civil Suit is still pending, but against the aforesaid interim or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or order is issued or made on an application under Article 226 or Article 227 of the Constitution, by a single Judge of a High Court, no further appeal shall lie from the judgment, decision or order of such single Judge." This amendment was however not given effect to. Again Section 100-A of the Code was amended by Act 22 of 2002 and the amended Section reads as follows:- Section 100-A : No further appeal in certain cases : Notwithstanding anything contained in any Letters Patent for any High Court or in any instrument having the force of law or in any other law for the time being in force, where any appeal from an original, or appellate decree or order is heard and decided by a single Judge of a High Court, no further appeal shall lie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nr. AIR 2003 AP 458, the Madhya Pradesh High Court in Laxminarayan vs. Shivlal Gujar & Ors. AIR 2003 MP 49, and of Kerala High Court in Kesava Pillai Sreedharan Pillai vs. State of Kerala & Ors. AIR 2004 Ker 111 have held that after the amendment of Section 100-A in 2002 no litigant can have a substantive right for a further appeal against the judgment or order of the learned Single Judge of the High Court passed in an appeal. We respectfully agree with the aforesaid decisions. 13. In Kamala Devi vs. Khushal Kanwar & Anr. AIR 2007 SC 663, this Court held that only an LPA filed prior to coming into force of the Amendment Act would be maintainable. 14. In the present case the LPA was filed after 2002 and hence in our opinion they are not ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be maintainable against a final judgment of the District Judge. 19. It may be noted that there seems to be some apparent contradiction in Section 100-A as amended in 2002. While in one part of Section 100-A it is stated "where any appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court", in the following part it is stated "no further appeal shall lie from the judgment and decree of such Single Judge". Thus while one part of Section 100-A refers to an order, which to our mind would include even an interlocutory order, the later part of the Section mentions judgment and decree. 20. To resolve this conflict we have to adopt a purposive interpretation. The whole purpose of introducing Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... costs. CIVIL APPEAL NOS. 9323-9324 OF 2010 [arising out of Special Leave Petition (Civil) Nos.13684-85 of 2009] 24. Leave granted. 25. These appeals have been filed against the order of the learned Single Judge dated 6.8.2008 in first appeal from order no.386 of 2007 of the Orissa High Court. The appeal before the learned Single Judge arose out of an interlocutory order passed by the learned Additional District Judge, Fast Track Court-III in a suit which is still pending. 26. In our opinion, though the judgment of the learned Single Judge is a final judgment, it is in another sense an interlocutory order as it is well settled that an appeal is a continuation of the original proceedings. Since the original order of the learned Additional ..... X X X X Extracts X X X X X X X X Extracts X X X X
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