ORDER :

1. This civil miscellaneous petition filed by the petitioner is registered as C.M.P. No. 30 of 2021. This is a petition filed under Section 151 of the Code of Civil Procedure, read with Article 227 of the Constitution of India. In this petition, the petitioner has challenged the order dated 19th November, 2019 passed by the Civil Judge Senior Division, Simdega in Misc. Civil Application No. 4 of 2019. The said order was passed by the Civil Judge Senior Division, Simdega in terms of the proviso of Order XXII Rule 5 of the Code of Civil Procedure.

QUESTION FORMULATED FOR DECISION OF THIS CMP

2. A preliminary question, which arises while deciding this civil miscellaneous petition is, whether this petition is maintainable or not. To decide this issue, the following questions needs to be framed:

Whether an order passed by Civil Judge Senior Division in terms of proviso of Order XXII Rule 5 of the Code of Civil Procedure, can be challenged by filing a separate application under Article 227 of the Constitution of India/Section 151 of the Code of Civil Procedure, to be treated as a separate litigation? If the answer is ‘NO’ then what is the remedy available to the parties, who want to