Petition sought quashing of a Munsif's order rejecting an objection petition under Order 21 Rules 97 and 99 CPC. The court held remedy lay elsewhere than Article 227 and permitted conversion of the petition into a civil revision within four weeks.
Liberty granted to convert the petition into a civil revision petition within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.857 of 2017
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| Md. Kamruddin Basudeo Prasad =============== |
... ... Petitioner/s Versus ... ... Respondent/s ======================================= |
|---|---|
| Appearance : For the Petitioner/s For the Respondent/s =============== |
: Mr. Arvind Kumar Tewary, Advocate : Mr. ======================================= |
| CORAM: HONOU | RABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER |
The instant petition has been filed for quashing the order dated 04.04.2016 passed by the learned Munsif-II, Munger in Miscellaneous Case No. 15 of 2014/CIS (Misc) No. 192 of 2014 whereby and whereunder the learned subordinate Court rejected the petition dated 04.04.2016, filed by the petitioner under Order 21 Rule 97 and 99 of the Code of Civil Procedure .
under Article 227 of the Constitution of India in a proceeding of civil miscellaneous jurisdiction.
(Arun Kumar Jha, J)
Prakash/- U
1 issue framed by the court
Whether an order rejecting a petition under Order 21 Rules 97 and 99 CPC is challengeable under Article 227 in civil miscellaneous jurisdiction?
2 provisions across 2 enactments
Md. Kamruddin
Basudeo Prasad
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
