REGENT COMPUTRONICS PVT. LTD.

Gustadji Dhanjisha Buhariwala And Anr Appellant

V/S

Nevil Bamansha Buhariwala And Ors Respondents

Referred Judgements :-

LOKMAT NEWSPAPERS (P) LTD. V. SHANKARPRASAD [REFERRED TO]
GARNAM DUTT V. PEOPLES CO -OPERATIVE TRANSPORT SOCIETY LTD.,NEW DELHI [REFERRED TO]
A K GOPALAN VS. STATE OF MADRAS OPPOSITE PARTY; UNION OF INDIA [REFERRED TO]
T C BASAPPA VS. T NAGAPPA [REFERRED TO]
BUDHAN CHOUDHRY VS. STATE OF BIHAR [REFERRED TO]
HARI VISHNU KAMATH VS. AHMAD ISHAQUE [REFERRED TO]
SOHAN LAL VS. UNION OF INDIA [REFERRED TO]
PARBHANI TRANSPORT CO OPERATIVE SOCIETY LIMITED VS. REGIONAL TRANSPORT AUTHORITY AURANGABAD [REFERRED TO]
STATE OF UTTAR PRADESH VS. VIJAY ANAND MAHARAJ [REFERRED TO]
UJJAM BAI VS. STATE OF UTTAR PRADESH [REFERRED TO]
ENGINEERING MAZDOOR SABHA ANGLO AMERICAN DIRECT TEA TRADING CO LIMITED VS. HIND CYCLES LTD [REFERRED TO]
PREM CHAND GARG VS. EXCISE COMMISSIONER U P [REFERRED TO]
NARESH SHRIDHAR MIRAJKAR VS. STATE OF MAHARASHTRA [REFERRED TO]
MOHAMMAD HANIF VS. STATE OF ASSAM [REFERRED TO]
ROHTAS INDUSTRIES LIMITED VS. ROHTAS INDUSTRIES STAFF UNION [REFERRED TO]
UMAJI KESHAO MESHRAM VS. RADHIKABAI WIDOW OF ANANDRAO BANAPRKAR [REFERRED TO]
BIHAR STATE ELECTRICITY BOARD VS. NAND KISHORE TAMAKHUWALA [REFERRED TO]
RATNAGIRI DISTRICT CENTRAL CO OPERATIVE BANK LIMITED VS. DINKAR KASHINATH WATVE [REFERRED TO]
SUSHILABAI LAXMINARAYAN MUDLIYAR VS. NIHALCHAND WAGHAJIBHAI SHAHA [REFERRED TO]
L CHANDRA KUMAR VS. UNION OF INDIA [REFERRED TO]
MUNICIPAL CORPORATION OF BRIHANMUMBAI VS. STATE BANK OF INDIA [REFERRED TO]
KANHAIYALAL AGRAWAL VS. FACTORY MANAGER GWALIOR SUGAR COMPANY LIMITED [REFERRED TO]
NATIONAL INSURANCE CORPORATION LIMITED CHANDIGARH VS. NICOLLETTA ROHTAGI [REFERRED TO]
STATE VS. NAVJOT SANDHU alias AFSHAN GURU [REFERRED TO]
SURYA DEV RAI VS. RAM CHANDER RAI [REFERRED TO]
SHAHU SHIKSHAN PRASARAK MANDAL VS. LATA P KORE [REFERRED TO]
STATE OF MADHYA PRADESH VS. VISAN KUMAR SHIV CHARAN LAL [REFERRED TO]
RADHEY SHYAM VS. CHHABI NATH [REFERRED TO]
SHALINI SHYAM SHETTY VS. RAJENDRA SHANKAR PATIL [REFERRED TO]
HIMATLAL K PAREKH VS. COMPETENT AUTHORITY AND DEPUTY COLLECTOR ULC RAJKOT [REFERRED TO]
JASHUBHAI HIRALAL GANDHI VS. COMPETENT AUTHORITY AND DEPUTY COLLECTOR AHMEDABAD [REFERRED TO]
DILAVARSINH KHODUBHA VS. STATE OF GUJARAT [REFERRED TO]
NASIK HING SUPPLYING COMPANY VS. ANNAPURNA GRUH UDYOG BHANDAR [REFERRED TO]

JUDGEMENT

(1.) The appellants original petitioners by way of this appeal seek to challenge order dated 5th April 2010 passed by the learned Single Judge whereby learned Single Judge dismissed the petition.

(2.) When this matter was taken up for hearing we noticed that the entire matter arises from the suit proceedings pending in the Court of the Additional Civil Judge, Vyara. Prima facie, at the very outset, we were of the view that the appeal under Clause 15 of the Letters Patent against the order of the learned Single Judge would not be maintainable as the petition was substantially under Article 227 of the Constitution of India and the nature of powers exercised by the learned Single Judge are also supervisory in nature. However, learned Counsel for the appellants vociferously submitted that the petition before the learned Single Judge was under Article 226 and Article 227 of the Constitution. If the petition is under Article 226 of the Constitution, then, the order of the learned Single Judge can be assailed by filing an appeal under Clause 15 of the Letters Patent.

(3.) Learned Counsel for the appellants would submit that till the time Legislature effected the necessary amendment in Section 115 of the Code of Civil Procedure, 1908 such orders were challenged by filing Civil Revision Application under Section 115 of the Code. However, now, in view of the fact that Revision Applications under Section 115 of the Code are not maintainable against order of the nature, which was before the learned Single Judge, a writ petition would be maintainable under Article 226 and 227 of the Constitution. Learned Counsel also made efforts to persuade us that a writ of certiorari under Article 226 of the Constitution can be issued even in a matter arising from suit proceedings and orders passed by the civil judges of the subordinate Courts.

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GUSTADJI DHANJISHA BUHARIWALA Vs. NEVIL BAMANSHA BUHARIWALA

Referred Judgements :-

JUDGEMENT

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