Meera Daruka Vs Pradhuman Bharti

Factual and procedural background

In an ongoing civil dispute involving family members and property rights, Meera Daruka and others filed a First Appeal before the Patna High Court. While that appeal was still pending before a single judge, the judge passed certain interim orders on applications filed by the parties. Aggrieved by those interlocutory directions, the Daruka family filed a Letters Patent Appeal before the division bench.

Dispute in question

The central issue was whether a Letters Patent Appeal can be filed against an interlocutory order passed by a single judge in a first appeal.

Reasoning and decision of court

The division bench examined Section 100A of the Code of Civil Procedure which expressly bars any further appeal, including under the Letters Patent, against any order passed by a single judge in an appeal from an original or appellate decree. The court held that this statutory bar applies equally to final judgments as well as interlocutory orders and is supported by consistent rulings of the Patna High Court and the Supreme Court. The judges clarified that the legislative intent behind the 2002 amendment was to prevent multiplicity of appeals and reduce delays in litigation. Since the Letters Patent Appeal was not maintainable, the court dismissed it for want of jurisdiction while allowing minor procedural applications for condonation of delay and deletion of certain annexures.

Meera Daruka Vs Pradhuman Bharti., Order date:26.06.2025:LPA No.660 of 2022:, 2025(6) eILR(PAT) HC 371, Name of court and Judge: Patna High Court, Justices P. B. Bajanthri and S. B. Pd. Singh.

Disclaimer: Donot treat this as substitute for legal advise as it may contain subjective errors.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi

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