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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
CHANDRA SHEKHAR SHARMA
VD Agrotech Limited – Appellant
Versus
Bhagwandas Bansal S/o Ram Pratap – Respondent
| Table of Content |
|---|
| 1. challenge of the order under cpc (Para 1 , 2) |
| 2. arguments regarding appealability of the order (Para 3 , 4 , 5) |
| 3. court review of proceedings (Para 6 , 7) |
| 4. interpretation of cpc provisions related to appeals (Para 8 , 9 , 10 , 11) |
| 5. conversion of writ petitions to appeals (Para 12 , 13) |
| 6. ruling on conversion and final disposition (Para 14 , 15 , 16) |
ORDER :
1. The present writ petition has been filed assailing the validity of the order dated 04.11.2022 passed by Additional District Judge No.1, Sri Ganganagar in Civil Misc. Case CIS No.95/2022, whereby the application of the petitioner preferred under Order XXI Rule 90 CPC was rejected.
2. Instant writ petition was presented before this Court on 14.11.2022. This Court vide ad interim order dated 21.11.2022 directed to maintain status quo as on that date. The said interim order was recalled by this Court on 20.05.2025. Thereafter, an application (4/2025) was preferred on behalf of the petitioners under Article 226 of the Constitution of India with the following prayer:
“It is, therefore, most humbly and respectfully prayed that this application may kindly be allowed and the present writ petition may kindly be convert
The court permitted the conversion of a writ petition into a civil appeal, emphasizing the prioritization of substantive justice over technical dismissals when pursuing statutory remedies.
Order passed under Rule 13 of Order 9 of CPC rejecting application for an order to set aside a decree passed ex parte, appeal would lie under Order XLIII Rule 1 (d) of CPC.
Revision petitions under Section 115 are non-maintainable against orders passed under Section 96; appeal should be under Section 100 of the Code of Civil Procedure.
The executing court cannot stay execution of its own decree; such authority lies with the appellate court.
The dismissal of the original suit nullifies any interim orders, and the appellate court's decision to set aside the trial court's civil imprisonment directive was correct.
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