The Patna High Court dismissed the civil miscellaneous application as not maintainable since any order under CPC Order 39, Rule 2-A is appealable under Order 43(1)(r).
The civil miscellaneous application is dismissed as it is not maintainable.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.411 of 2021
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Prakash Chaudhary @ Prakash Kumar S/o Badri Prasad Chaudhary Resident of Village- Ward No.- 3, Station Road, Nadiya Tola Kahalgaon, P.S.Kahalgao, District- Bhagalpur (Bihar).
... ... Petitioner/s
Versus
Rajeev Kumar Sinha S/o Late Madan Prasad Lal R/o Mohalla Sikargarh Tola, Kahalgaon, P.S.- Kahalgaon, District- Bhagalpur (Bihar).
... ... Respondent/s
| =============== Appearance : For the Petitioner/s For the Respondent/s =============== |
======================================= : Mr.Subodh Kumar : Mr. ======================================= |
|---|---|
| CORAM: HONOU PANDEY |
RABLE MR. JUSTICE NAWNEET KUMAR |
ORAL ORDER
2 02-12-2021
The present civil miscellaneous application has been preferred against the order dated 17.07.2021, passed by the learned Sub Judge, Kahalgaon in Misc. Case No. 18/2018, whereby the learned court below directed to detain the petitioner in civil prison for violating the interim injunction order under Order 39, Rules 1 & 2 and Section 151 of the CPC.
The impugned order has been delivered by the learned court below exercising its jurisdiction under Order 39, Rule 2-A of the CPC.
Any order promulgated under Order 39, Rule 2-A is appealable under Order 43(1) (r). As such, the present civil
Patna High Court C.Misc. No.411 of 2021(2) dt.02-12-2021 2/2
miscellaneous application is not maintainable. It is dismissed as
such.
(Nawneet Kumar Pandey, J)
HR/-
U
1 issue framed by the court
Whether the present civil miscellaneous application is maintainable against the impugned order.
4 provisions across 1 enactments
Prakash Chaudhary @ Prakash Kumar
Rajeev Kumar Sinha
Nawneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
