GEETA DEVI & ORS. v.

PURAN RAM RAIGAR & ANR. (Civil Appeal No. 7390 of 2010)

SEPTEMBER 6, 2010

[Markandey Katju and T.S. Thakur, JJ.] 2010(10) SCR 969

The following Order of the Court was delivered by

Leave granted.  

Heard learned counsel for the appearing parties.  

This Appeal has been filed against the judgment and order dated  

05th July, 2007 passed by the Division Bench of the High Court of  

Rajasthan, Jaipur Bench, Jaipur in D.B.Civil Special Appeal No. 10  

of 2007.  

In our opinion, the Division Bench of the High Court has rightly  

held that the appeal against the order of the learned Single Judge dated  

07th August,  2006 did not lie in view of Section 100-A, CPC. The  

learned Single  Judge had decided the Misc.  Appeal  No.  2777/2003  

against  the  award  of  the  Motor  Accident  Claims  Tribunal.  In  our  

opinion, this intra court appeal in the High Court was not maintainable  

in view of Section 100-A, CPC notwithstanding anything in the High  

Court Rules or the Letters Patent to the contrary. Hence, the appeal  

was rightly dismissed by the Division bench of the High Court and this  

appeal is, therefore, -2- dismissed. However, dismissal of this appeal  

will not prevent the appellants from filing a S.L.P. directly against the  

judgment  of  the  learned  Single  Judge  dated  07th  August,  2006  

dismissing the Misc. Appeal arising out of the impugned award dated  

20th September, 2003 passed by the Motor Accident Claims Tribunal,  

Shahpura, District Jaipur in Claim Petition No. 177/2002, if so advised  

and subject to all just exceptions including limitation. No costs.