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2024 Supreme(Pat) 976

MOHIT KUMAR SHAH
Sunaina Devi Widow of Late Devan Prasad Sinha – Appellant
Versus
Om Krishna Prasad Sinha – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr.Naresh Chandra Verma, Advocate

JUDGMENT :

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

    “1.That, this writ application is for quashing the order dated 16.7.2014 passed by learned Sub Judge, III, Hajipur, in Title Suit No. 106 of 1987 as contained in Annexure 2 by which the application filed under Order 1 Rule 10 (2) of the Code of Civil Procedure for deleting the names of Defendant No. 4 to 8 from the Plaint has been rejected.”

2. The learned counsel 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 C

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