RAM SABAD Vs. RAM ASREY AND ORS.

JUDGEMENT

(1.) Heard Dr. R.K. Srivastava, learned counsel for the appellant, Sri Mohd. Arif Khan, learned senior counsel for the respondents and the learned Additional Chief Standing Counsel for the respondents-State who have raised a preliminary objection with regard to the maintainability of this Special Appeal.

(2.) This special appeal has been filed against an order dated 23.12.2015 finally disposing of the substitution and abatement applications in a pending writ petition that arises out of a challenge raised to the decision of the Consolidation Authorities in exercise of the powers under the U.P. Consolidation of Holdings Act, 1953.

(3.) The issue is as to whether such an order passed by the learned Single Judge in a pending writ petition disposing of substitution matters can be subjected to an intra court appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 and secondly even if it is entertainable then as to whether the learned Single Judge was justified in interpreting the provisions of Chapter VIII Rule 38A of the 1952 Rules read with Section 141 of the Code of Civil Procedure to hold that the provisions of Order 22 C.P.C. would not apply to writ proceedings.