Civil

Letters Patent Appeal under Clause 10 of the Letters Patent

A Letters Patent Appeal (LPA) is an intra-court appeal filed to challenge a final judgment or order passed by a Single Judge of the same High Court. It is heard by a Division Bench and seeks to correct errors of law in the Single Judge's reasoning.

This appeal is filed under the Letters Patent of the relevant High Court, such as Clause 10 for the High Courts of Delhi, Punjab & Haryana, and Allahabad, or Clause 15 for the High Courts of Bombay, Calcutta, and Madras. The governing provision must be verified for the specific High Court seat.

Draft this in LexPilot — freeHow AI drafting works
Governing law
Clause 10 of the Letters Patent of the Lahore High Court, 1919 (Delhi, Punjab & Haryana, Allahabad); Clause 15 (Bombay, Calcutta, Madras); equivalent HC Act provision at the relevant seat
Filed before
Division Bench of a High Court (Letters Patent / HC Act intra-court appeal)

When this is the right filing

  • To challenge a final judgment or order of a Single Judge exercising original or writ jurisdiction under Article 226 of the Constitution.
  • When the Single Judge's order qualifies as a 'judgment' that conclusively determines the rights of the parties.
  • When the order is not a purely interlocutory order, such as a mere issuance of notice.
  • Do not use this appeal when the Single Judge was hearing a first appeal under Section 100 of the Code of Civil Procedure or exercising superintendence under Article 227 of the Constitution, as a further appeal is barred.

What the court looks for

  • Proof that the impugned order is a 'judgment' and not a purely interlocutory order, establishing the appeal's maintainability.
  • Clear identification of specific legal infirmities or errors of law in the Single Judge's reasoning, rather than a fresh challenge to the original action.
  • A complete paper-book arranged in the prescribed order, with the impugned judgment as the first annexure.
  • Compliance with the applicable limitation period, or a separate application for condonation of delay if filed beyond the prescribed time.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Index
  2. 2Court fee
  3. 3Notice of motion / urgent application
  4. 4Memo of parties
  5. 5Synopsis and list of dates and events
  6. 6Facts
  7. 7Grounds
  8. 8Prayer
  9. 9Affidavit in support
  10. 10Annexures
  11. 11Vakalatnama
How it opens
Kindly treat the accompanying appeal under [lp clause] as an urgent one in terms of the High Court Rules and Orders. The grounds of urgency are that the impugned judgment of the learned Single Judge dated [impugned date] operates as an adverse final order against the Appellant, who shall suffer irreparable injury if prompt hearing is not obtained.

Bracketed items are filled from your case.

Frequently asked questions

Can a Letters Patent Appeal be filed against any order of a Single Judge?

No. The order must be a 'judgment' that decides the rights of the parties. An LPA does not lie against purely interlocutory orders, such as an order merely issuing notice, or against orders passed by the Single Judge while hearing a first appeal or exercising revisional or superintendence jurisdiction.

What is the governing provision for filing an LPA in different High Courts?

The governing provision depends on the High Court. For the High Courts of Delhi, Punjab & Haryana, and Allahabad, it is Clause 10 of the Letters Patent of the Lahore High Court, 1919. For the High Courts of Bombay, Calcutta, and Madras, it is Clause 15 of their respective Letters Patent. High Courts without Letters Patent may have a provision in their constituting Act.

What is the correct order of documents in an LPA paper-book?

The standard paper-book order begins with the Index, followed by the Court Fee, Notice of Motion or Urgent Application, Memo of Parties, Synopsis and List of Dates, the substantive appeal containing the grounds and prayer, any interim application, Annexures with the impugned judgment first, and finally the Vakalatnama.

Draft this in LexPilot — free

Free trial · Drafting assistance, not legal advice — always verify before filing.

More civil formats

All civil formats →