Damyanti Devi and Anr. v. The State Of Bihar and Ors.
Case brief
What is this about?
Patna High Court dismissed as not maintainable a Civil Miscellaneous Jurisdiction petition (No.1659 of 2017) seeking setting aside of an order dated 02.03.2017 of the Civil Judge (Sr. Div.) 3rd, Patna in Title Suit No. 29 of 2010, which had rejected the plaintiffs' petition dated 30.09.2016 under Order 39 Rule 2(i)(2), 2A and Section 151 of the Code of Civil Procedure. The court held that the proper remedy against such an order is an appeal under Order 43 Rule 1(r) CPC. Keywords: maintainability; interim relief application rejected; Order 39 Rule 2(i)(2) 2A; Section 151 CPC; Order 43 Rule 1(r); statutory appeal vs. petition; Damyanti Devi v. State of Bihar.
What did the court decide?
Against the order dated 02.03.2017 (rejection of the petition under Order 39 Rule 2(i)(2), 2A and Section 151 CPC in Title Suit No. 29 of 2010), an appeal under Order 43 Rule 1(r) of the Code would lie.