2010 Supreme(Raj) 1780

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Jagdish Bhalla, Mohammad Rafiq, JJ.
Ghewar Chand - Appellant
Versus
Pukhraj & Ors. - Respondent
DB Special Appeal (W) No. 199 of 2009 in S.B. Civil Writ. Petition No. 1724 of 2008.
Decided On : 27-08-2010

Special appeals filed against judgments passed in writ petitions under Article 227 of the Constitution of India, challenging orders of Civil Judges, are not maintainable.

Headnote:

Special Appeal - Maintainability of appeal filed against judgment passed in writ petition under Article 227 of the Constitution of India

Fact of the Case:

Ghewar Chand filed a special appeal against the judgment of the learned Single Judge, which dismissed the writ petition filed against the order of the civil court rejecting the appellant's application under Order 7, Rule 14 CPC.

Finding of the Court:

The Division Bench held that the special appeal filed against the judgment passed in a writ petition under Article 227 of the Constitution of India, challenging the order passed by the Civil Judge, would not be maintainable.

Issues: The main issue was the maintainability of the special appeal filed against the judgment passed in the writ petition.

Ratio Decidendi: The court relied on the recent judgment passed by the Division Bench, which established that such special appeals would not be maintainable.

Final Decision: The special appeal was dismissed as not maintainable.