Second appeal

Querist : Anonymous (Querist) 08 November 2011 This query is : Resolved
i want to know what is letters patent is meant in sec 100A cpc.

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prabhakar singh (Expert) 08 November 2011
A letters patent appeal from the judgement of a Single Judge(is an intra-court appeal) lies before a Division Bench of the court.

SECTION 100A OF C.P.C. BARS SUCH AN APPEAL IN

CASES MENTIONED THERE IN.

SO NO INTRA COURT APPEAL FROM A JUDGEMENT OF SINGLE

JUDGE SHALL LIE " 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 from the judgment and decree of such single Judge.]"

BUT IN CASES DECIDED UNDER ARTICLE 226 OF THE

CONSTITUTION BY A SINGLE JUDGE,THE SAME MAY LIE

BEFORE A DIVISION BENCH.