Sandeep Kumar And Others v. Union Of India And Others


     



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  #$  &' *&  Midnapore Peoples Co-op. Bank Ltd. and others vs. Chunilal Nanda and others, (2006) 5 SCC 399, that since the orders passed by the learned Single Judge are routine orders which are facilitating the progress of the Court and may be causing some inconvenience and prejudice to the party but no final rights or obligations have been

determined. The relevant portion of Midnapore's case (supra) reads thus:-
  

        

       

        



      

    

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     The term 'judgment' occurring in clause 15 of the Letters Patent will take into its fold not only the judgments as defined in section 2(9) CPC and orders enumerated in Order 43 Rule 1 of CPC, but also other orders which, though may not finally and conclusively determine the rights of parties with regard to all or any matters in controversy, may have finality in regard to some collateral matter, which will affect the vital and valuable rights and obligations of the parties. Interlocutory orders which fall under categories (i) to (iii) above, are, therefore, 'judgments' for the purpose of filing appeals under the Letters Patent. On the other

hand, orders falling under categories (iv) and (v) are not 'judgments' for purpose of filing appeals provided under the Letters Patent." .  





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