Back
RAJAN ROY, PRASHANT KUMAR
Vinay Mohan – Appellant
Versus
Nidhi Singh – Respondent
JUDGMENT
Rajan Roy, J.—Heard Shri Vinay Mohan -appellant in person and Shri Vikas Pandey, learned counsel appearing for the respondent no.1.
2. This is an appeal under Chapter VIII, Rules 5 of the Allahabad High Court Rules, 1952 challenging a judgment and order dated 20.05.2025 passed by learned Single Judge of this Court in Transfer Application (Civil) No. 166 of 2022.
3. Though, the appellant appearing in person sought to address the Court on merits of the matter, but, first and foremost the question arose as to whether this appeal against the order impugned is maintainable under Chapter VIII, Rules 5 of the Allahabad High Court Rules, 1952 or not ? The aforesaid provision reads as under:-
“5. Special appeal.- An appeal shall lie to the Court from a judgment (not being a judgment passed in the exercise of Appellate Jurisdiction) in respect of a decree or order made by a Court subject to the Superintendence of the Court and not being an order made in the exercise of revisional jurisdiction or in the exercise of its power of Superintendence or in the exercise of criminal jurisdiction or in the exercise of jurisdiction conferred by Article 226 or Article 227 of the Constitution in
Maintainability of Special Appeal – Order passed under Section 24 CPC is not a judgment and appeal is not amenable on this count under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952.
An order passed under Section 24 of the CPC is not a judgment and thus not maintainable for appeal under Chapter VIII, Rule 5 of the Allahabad High Court Rules.
The jurisdiction under Section 24 CPC is concurrent between the High Court and District Court, but a party cannot challenge a transfer order in both courts; they must choose one forum.
Special appeals cannot be filed against judgments made under Article 227 of the Constitution when challenging court orders, following the provisions of Chapter VIII Rule 5 of Allahabad High Court Rul....
Interlocutory orders are not subject to appeal if they do not conclusively determine rights or issues relevant to the main case.
A procedural order calling for pleadings from parties does not constitute a judgment under Chapter VIII R.5 and is not appealable.
Power of judicial review of an order transferring an Original Application pending before a Bench of Tribunal to another Bench under Section 25 of Administrative Tribunals Act, 1985 can be judicially ....
The Court cannot bypass the provisions of Section 80(2) C.P.C. and invoke the inherent powers under Section 151 C.P.C. to grant an interim injunction.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
