ORAL JUDGMENT

Date : 27-11-2024

1. The present writ petition has been filed seeking the following relief(s) :-

“1.That this is an application for issuance of writ or writs direction or directions for quashing the order dated 7-7-2014, passed by the Munsif II, Bhagalpur in Title Eviction No. 37 of 2011 (Kaushal Kishore Sah & others Vs. Md. Zahid), whereby and whereunder the Learned Munsif has rejected the application of the petitioner filed under order I Rule 10 (2) of the C.P.C.”

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 amena