ORAL JUDGMENT

Date : 12-09-2024 The present writ petition has been filed seeking the following relief:-

“1. That this is an application for quashing of order dated 1.10.2015, passed by the learned Sub Judge, 1st, Madhepura, in Title Suit No. 293 of 2013, whereby petition dated 11.9.2015, filed by the petitioner under Section 29.5.2014 and for accepting written Statement, has been rejected.”

2. The learned counsel for the parties have pointed out, at the outset, that earlier writ petitions were being filed against the interlocutory orders (such orders which have not finally decided the suits or proceedings in favour of the parties and the suits or such proceedings have not stood disposed off), in view of the law laid down by the learned Division Bench of this Court in a judgment dated 13.05.2010, passed in C.R. no. 1067 of 2009 (Durga Devi v. Vijay Kumar Poddar & Ors.), however, subsequently, the Hon’ble Apex Court, by a judgment rendered in the case of Radhey Shyam and Another v. Chhabi Nath and Others, reported in (2015) 5 SCC 423, has held that judicial orders of the Civil Court are not amenable to writ jurisdiction under Article 226 of the Constitution of India and the jurisdiction