AJEET SINGH PATWA Vs. DISTRICT JUDGE, PITHORAGARH

JUDGEMENT

(1.) THIS Special Appeal is filed against the judgment dated 21 -07 -2005 in Writ Petition No. 7553 of 2001 (MIS). As per the said judgment, the writ petition was dismissed by the learned Single Judge.

(2.) THE Writ Petition was filed against an order dated 24 -02 -1995 (Annexure 9) passed by the District Judge, Pithoragarh and an order dated 1509 -1990 (Annexure 7) passed by the Munsif, Pithoragarh. As per Annexure 7 order, the second respondent - Munsif Pithoragarh - decided the preliminary issue in Suit No. 7/83 holding that the Munsif Court had no jurisdiction to try the suit. Against the said order, the plaintiff filed a revision before the District Court, Pithoragarh as Civil Revision No.4 of 1990. The said revision was dismissed by the District Judge as per Annexure 9 judgment dated 24 -02 -1995. Challenging the order of the Munsif and the judgment of the District Judge, the plaintiff in the suit filed Writ Petition No. 11234 of 1995 in the High Court of Allahabad under Articles 226/227 of the Constitution of India. The said writ petition was transferred to the High Court of Uttaranchal and it was renumbered as Writ Petition No. 7553 of 2001 (M/S). After hearing the petitioner and the respondents, the writ petition was dismissed by the learned Single Judge on 21 -07 -2005. It is against the said judgment dated 21 -07 -2005 of the learned Single Judge that this special appeal has been filed.

(3.) LEARNED counsel for respondents Nos. 3 to 5 raised a preliminary objection that this special appeal is not maintainable in view of the provisions contained in Rule 5 of Chapter VIII of the Rules of Court 1952 issued by the Allahabad High Court which are applicable to the High Court of Uttaranchal. The preliminary objection is opposed by the learned counsel for the appeliant.