Single Bench dismissed a writ petition under Article 227 challenging the rejection of an application under Order XL Rule 1 and Section 151 CPC, holding that since a statutory appeal exists under Order XLIII Rule 1(S), the writ is not maintainable.
Writ petition dismissed with liberty to file appeal under Order XLIII Rule 1(S) CPC.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P (C) No. 1736 of 2018
Gulo Yadav .…… Petitioner Versus 1.Gourishankar Yadav. 2.Balelshwar Yadav. 3.Khublal Yadav. 4.Bholi Yadav. 5.Ashok Yadav. 6.Pappu Yadav. 7.Kameshwar Yadav. 8.Munwa @ Munna Devi. 9.Shanti Devi. 10.Deoki Devi. 11.Sucha @ Suchit Devi. 12.Baleshwar Mahto. 13.Jageshwar Mahto. 14.Sumeshwar Mahto. 15.Rameshwar Mahto. 16.Nageshwar Pd. Yadav. 17.Smt. Rupa Devi. …… Respondents ---------
CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD
---------- For the Petitioner : Mr. Shresth Gautam, Adv. For the Respondents : -----------
7/Dated: 18th June, 2019
The order dated 18.01.2018 passed in T.S. No.202 of 2015 is under challenge by which the petition under Order XL Rule 1 read with Section 151 of the CPC has been rejected.
This Court is of the view that the order passed under Order XL Rule 1 there is provision of appeal under Order XLIII Rule 1(S), therefore, under Article 227 of the Constitution of India the writ petition is not maintainable, and hence the same is dismissed with liberty to the petitioner to file appeal, if the petitioner so wishes.
Accordingly, the writ petition stands disposed of.
(Sujit Narayan Prasad, J.)
Saket/-
2 issues framed by the court
Whether a writ petition under Article 227 is maintainable against the rejection of an application under Order XL Rule 1 CPC read with Section 151 CPC when a statutory appeal lies under Order XLIII Rul
Whether the order of January 18, 2018 in T.S. No. 202 of 2015 was correctly challengeable via writ jurisdiction
3 provisions across 2 enactments
Gulo Yadav
Gourishankar Yadav
Balelshwar Yadav
Khublal Yadav
Bholi Yadav
Ashok Yadav
Sujit Narayan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
