Special Appeal Against Order Under Section 24 CPC Declared Non-Maintainable
In a significant ruling, the Allahabad High Court, comprising Justices Rajan Roy and Prashant Kumar, dismissed a special appeal filed by Vinay Mohan against Smt. Nidhi Singh. The appeal challenged an order passed under Section 24 of the Code of Civil Procedure, 1908, which involved the transfer of a case. The Court held that such an order does not qualify as a "judgment" under Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952, rendering the special appeal non-maintainable.
The judgment clarified that orders under Section 24 CPC are procedural and do not affect the merits of the case or conclude the suit. Consequently, they are not considered judgments that warrant an appeal under the specified High Court rules. Furthermore, the Court emphasized that the right to appeal is not inherent and must be explicitly provided by statute. In this case, Sections 104 and 105 of the CPC were cited, which limit appeals to orders explicitly prescribed by statute, thereby excluding appeals against transfer orders.
The Bench referred to previous rulings, including the cases of Amit Khanna v. Smt. Suchi Khanna and the Supreme Court's Midnapore Peoples' Coop. Bank Ltd. v. Chunilal Nanda, to support their decision. These cases reinforced the view that an order under Section 24 CPC is designed to facilitate the progress of a case and does not determine the rights of the parties, thus not qualifying as a judgment for appeal purposes.
The decision highlights the judiciary's adherence to procedural laws and statutory provisions, emphasizing the importance of statutory authorization for appeals. It also underscores the judiciary's role in ensuring that procedural orders do not unnecessarily prolong litigation through appeals unless explicitly permitted by law.
Bottom Line:
An order passed under Section 24 of the Code of Civil Procedure, 1908 is not a judgment within the meaning of Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952, and hence, a special appeal against such an order is not maintainable.
Statutory provision(s): Section 24 of the Code of Civil Procedure, 1908, Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952, Sections 104 and 105 of the Code of Civil Procedure, 1908.
Vinay Mohan v. Smt. Nidhi Singh, (Allahabad)(DB)(Lucknow) : Law Finder Doc Id # 2821409
