IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1022 of 2009 BAIJU SAH, son of Sheo Sah (died), resident of village – Punaura, PS Sitamarhi, District Sitamarhi……..plaintiff/appellant Versus 1. YOGENDRA SAH 2. Ramchandra Sah Both sons of Newa Sah, resident of village – Punaura, PS Sitamarhi District Sitamarhi, District Sitamarhi………defendants/respondents ----------- 2 11-08-2009 Heard learned counsel for the appellant in respect of objection raised by the stamp reporter that no Letters Patent Appeal will lie against the order dated 17-2-2009 passed by the Single Judge rejecting prayer of the appellant for restoration of a First Appeal. As a result of the impugned order the First Appeal of the year 1977 preferred by the appellant remains dismissed for non prosecution. On behalf of the appellant it has been submitted that Section 100 A of the Code of Civil Procedure bars Letters Patent Appeal only against judgement and decree of a Single Judge of the High Court in exercise of first appellate jurisdiction in civil cases. According to him the order refusing to restore First Appeal will not be a judgement or a decree and, therefore, bar under section 100A of the Code of Civil Procedure will not operate against the appellant preferring this appeal. The aforesaid submission is self defeating. If the judgement and order under appeal does not have characteristic of a judgement or a decree then also no Letters Patent Appeal will lie which is permissible under the Letters Patent only against a 2 judgement. Hence, in any case we find that the appeal is not maintainable because it arises out of a judgement and decree dismissing the First Appeal by a Single Judge of this court. The appeal is, therefore, dismissed as not maintainable. BKS/- (Shiva Kirti Singh, ACJ.) (Anjana Prakash, J.)