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First appeal finished in HC where can I file second appeal
03-Jul-2023 (In Civil Law)
Sir, My civil partition case first appeal has finished in HC, may i go Second appeal in HC Letters Patent Appeal, This appeal same treat as normal appeal like stay also. please give me advice. Thanks your sir,
A letters patent appeal can be filed only in the high courts and that to only in such high courts that have been established by a letters patent .TO the best of my knowledge such appeals are not entertained any more..If letters patent option is available take a chance , it does not come in the way of an appeal to the supreme court if you are aggrieved by the letters patent appeal.
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Adv. RS Raghavan
Chennai | 100+ Answers
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Clause 15 of the Letters Patent applicable to the High Court is Appeal from the courts of original jurisdiction to the High Court in its appellate jurisdiction-
From a plain reading of Clause 15 it is apparent that an appeal against an order passed in exercise of power of superintendence under Article 227 of the Constitution which is equivalent to Section 107 of the Government of India Act, 1935 is specifically prohibited by Clause 15 of the Letters Patent from its operation.
Hope you are convinced that you cannot prefer an appeal against the decision of appeal by high court with the same high court under letters of patent
From a plain reading of Clause 15 it is apparent that an appeal against an order passed in exercise of power of superintendence under Article 227 of the Constitution which is equivalent to Section 107 of the Government of India Act, 1935 is specifically prohibited by Clause 15 of the Letters Patent from its operation.
Hope you are convinced that you cannot prefer an appeal against the decision of appeal by high court with the same high court under letters of patent
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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