Parmanand Lal v. Mffarooqui & Ors.

Delhi High Court · 12 Feb 2016 · 2016:DHC:8425-DB
Chief Justice; Jayant Nath
LPA 97/2016
2016:DHC:8425-DB
civil appeal_dismissed Significant

AI Summary

The Delhi High Court dismissed the Letters Patent Appeal against the dismissal of a contempt case, holding that such appeals are not maintainable where no decision on merits is made.

Full Text
Translation output
$-12 HIGH COURT OF DELHI
LPA 97/2016
PARMANAND LAL Appellant
Through: Appellant inperson.
VERSUS
MFFAROOQUI &ORS Respondent
Through: Nemo.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR.JUSTICE JAYANT NATH
12.02.2016 CMNo.5232/2016 {exemption)
Allowed, subject toall justexceptions.
LPA 97/2016
ORDER

1. By the order under appeal, the learned Single Judge dismissed Contempt Case (C) No.840/2013 holding that the alleged wilful disobedience onthe part ofthe respondents has notbeen made out.

2. We have heard the appellant appearing in person. In the light ofthe settled principles oflaw reiterated in Midnapore Peoples' Co-op. BankLtd. t Naneda & Ors. AIR 2006 Supreme Court 2190. we are ofthe view that against the order ofthe learned Single Judge, no appeal is maintainable even under Clause 10 ofthe Letters Patent since by the said order no direction was issued or decision was made on the merits of the dispute betweenthe parties. 2016:DHC:8425-DB

3. Appeal is accordingly dismissed as not maintainable.

CHIEF JUSTICE FEBRUARY 12, 2016 JAYANT NATH, J