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2024 Supreme(Online)(Pat) 163

PATNA HIGH COURT
MOHIT KUMAR SHAH, J
BAIJNATH PRASAD – Appellant
Versus
RAMRATI DEVI and ORS – Respondent


Advocates:
Mr.Amrendra Kr @ Dr. Amrendra Kr, Advocate

JUDGEMENT

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

    “1. That, this application is being filed for quashing the order dated 17.09.2011 passed by Sri Ashok Kumar-II Judicial Magistrate-Cum-7th Additional Munsiff, Sadar Motihari in Title Suit No.-270 of 1989 whereby and whereunder the application filed by this petitioner dated 26.04.2011 for amendment in the petition of plaint was 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 Constitu

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