JUDGMENT :

Learned counsel for the petitioner, at the outset, has sought for leave of this Court to delete the provision of Article 226 of the Constitution of India, under which, also the jurisdiction of this Court has been invoked apart from Article 227 of the Constitution of India.

2. It has been submitted that since the judicial order is under challenge, as such, the writ petition ought to have been filed only under Article 227 of the Constitution of India under its supervisory jurisdiction but due to inadvertence Article 226 has also been inserted along with Article 227.

3. This Court after considering the aforesaid submission deem it fit and proper to accord such liberty to the petitioner.

4. In view thereof, the petitioner is directed to make necessary correction in the cause title of the writ petition by deleting Article 226 of the Constitution of India.

5. The order dated 13.05.2019 passed in Civil Appeal No.20 of 2018, by which, petition filed under Order 41 Rule 5 of the CPC, has been rejected.

6. The brief facts of the case as per the material available on record is that respondent no.1/plaintiff has instituted a suit being title suit no.65 of 2005 with a prayer that a decree