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2024 Supreme(Online)(Pat) 171

PATNA HIGH COURT
MOHIT KUMAR SHAH, J
BABULA RAM – Appellant
Versus
RAMREKHA RAM and ORS – Respondent


Advocates:
Mr.A.K.Sharma, Advocate

JUDGEMENT

1. The present writ petition has been filed seeking the following relief(s) :-“1. That this is an application for issuance of writ/ writs, direction/directions, order/ orders, to quash the order contained in (Annexure4) dated 27.7.2010 in T.S. No. 64/2003 by the Court of Sri R.K. Pandey Learned Sub Judge VII th Gopalganj where by and where under the application of petitioner { plaintiff) dated 17.11.2009 under order 6 Rule 17 of Code of Civil procedure for the amendment in the plaint has been refused and rejected by the Learned lower Court.”

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

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