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2024 Supreme(Pat) 623

MOHIT KUMAR SHAH
Kangalu Singh @ Kawalu Singh Yadav – Appellant
Versus
Hardeo Singh Yadav, Son of Late Ram Dawal Singh Yadav – Respondent


Advocates Appeared:
For the Petitioners: Mr. Rewti Kant Raman, Adv.

JUDGMENT :

(Mohit Kumar Shah, J.)

1. The present writ petition has been filed seeking the following relief(s):-

    “1. That this application is for quashing the order dated 25.11.13 passed by Sub judge 2nd Bhabhua in T.S. no 440/2009 by which he has allowed the petition dated 24.10.13 filed by the plaintiffs respondent Ist Set praying there in for amendment in the plaint illegally and erroneously against the settled principles of law.”

2. The learned counsels for the parties have pointed out, at the outset, that earlier writ petitions were being filed against the interlocutory orders (such orders which have not finally decided the suits or proceedings in favour of the parties and the suits or such proceedings have not stood disposed off), in view of the law laid down by the learned Division Bench of this Court in a judgment dated 13.05.2010, passed in C.R. no.1067 of 2009 (Durga Devi v. Vijay Kumar Poddar & Ors.), however, subsequently, the Hon’ble Apex Court, by a judgment rendered in the case of Radhey Shyam and Another v. Chhabi Nath and Others, reported in (2015) 5 SCC 423, has held that judicial orders of the Civil Court are not amenable to writ jurisdiction under Article 226 of the

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