M.M. Dhonchak v. Union of India

Delhi High Court · 21 Oct 2024 · 2024:DHC:9060-DB
C. Hari Shankar; Anoop Kumar Mendiratta
LPA 1121/2024
2024:DHC:9060-DB
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed a Letters Patent Appeal challenging an interlocutory order rejecting preponement of hearing, holding that such orders are not appealable under Clause 10 of the Letters Patent.

Full Text
Translation output
LPA 1121/2024
HIGH COURT OF DELHI
LPA 1121/2024 and CM APPL. 66773/2024
M.M. DHONCHAK .....Appellant
Through: Mr. Tanuj Jaglan, Advocate
WITH
appellant in person
VERSUS
UNION OF INDIA .....Respondent
Through: Mr. Ravi Prakash, CGSC
WITH
Mr. Aakash Meena and Mr. Taha Yasin, Advocates
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER (ORAL)
18.11.2024 C. HARI SHANKAR, J.
JUDGMENT

1. This Letters Patent Appeal under Clause 10 of the Letters Patent applicable to this Court assails order dated 21 October 2024 whereby the learned Single Judge has merely rejected the application seeking preponement of hearing.

2. As held by the Supreme Court in Shah Babulal Khimjki v. Jayaben D. Kania and Ors[1]., a Letters Patent Appeal under Clause 10 of the Letters Patent is maintainable only against a judgment. The judgment has been defined in the said case as a decision which determines the right of one of the parties to the litigation even if it is at

3. The impugned order does not do so. The LPA is not maintainable. It is accordingly dismissed.

C. HARI SHANKAR, J.