Motilal and Another v. Court Amin of the Upper Civil Judge Senior Division, Ambedkar Nagar Thru. Learned Court and Others
Case brief
What is this about?
Writ petition (WRIT - C No. 1906 of 2026), High Court of Judicature at Allahabad, Lucknow Bench, decided February 20, 2026 by Subhash Vidyarthi, J. Petitioners Motilal and another sought to challenge the validity of a civil-court order (Upper Civil Judge Senior Division, Ambedkar Nagar) via a writ petition under Article 226 of the Constitution of India. Preliminary objections were raised that such an order is challengeable only under Article 227, and against impleading the court amin as opposite party no. 2. Counsel for the petitioners declined to press the petition and sought liberty to file an appropriate petition; the writ petition was dismissed with that liberty and certified copies were ordered returned. The jurisdictional (Article 226/227) question was left undecided. No precedent was cited.
What did the court decide?
Liberty to file an appropriate petition; certified copies filed in the writ petition to be returned to the petitioner's counsel after retaining photocopies on record.