ORAL JUDGMENT

Date : 09-01-2025

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

“1. That this is a writ petition on behalf of the petitioner for issuance of a writ of Certiorari or writs in the nature thereof or any other appropriate writs/orders/directions for quashing orders dated 9.5.2012 and 18.6.2012 passed by learned Munsif-IV, Chapra, passed in T.S.No. 146 of 1996, whereby the petition dated 19.3.2012 of the plaintiff/ respondent under Order I Rule 8 CPC has been allowed and petition dated 28.5.2012 of the defendant/petitioner for recalling the said order dated 9.5.2012 passed in the aforesaid suit 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 j