The Court dismissed the writ petition challenging an order passed under Order 39 Rule 1 and 2 of the CPC by the Civil Judge, holding that such orders are appealable under the Code and the writ jurisdiction does not lie.
Writ petition dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4324/2020
----Petitioners
Versus
| For Petitioner(s) | : | ----Respondents Mr. Sunil Kumar Singh |
|---|---|---|
| For Respondent(s) | : |
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
14/10/2020
The petitioner has challenged the order passed under Order 39 Rule 1 and 2 of the Code of Civil Procedure by the Civil Judgecum-Judicial Magistrate, Ajmer.
By filing this present writ petition admittedly, the order passed under Order 39 Rule 1 and 2 is appealable under the CPC before the District Judge.
(2 of 2)
[CW-4324/2020]
In view of the provisions of CPC, the present writ petition would not lie and is accordingly dismissed.
(SANJEEV PRAKASH SHARMA),J
NITIN /76
1 issue framed by the court
Whether a writ petition challenging an order under Order 39 Rule 1 and 2 CPC lies directly before the High Court when it is expressly appealable before the District Judge.
1 provisions across 1 enactments
Bengali Hindu Dharamshala Samiti, Ajmer Through Its President Shri Devashish Vishwas
Dr. Laxmi Niwas Chandak
Prakash Chand Sharma
Nagar Nigam, Ajmer
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
