KRASHAN KUMAR MAHESHWARI Vs. BITTHAL DAS MAHESHWARI

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution is directed against the order dated 08.02.2013, whereby the application preferred by the petitioner under Order 14 Rule 5 of CPC read with section 151 CPC and another application preferred under Order 47 Rule 1 are rejected by court below.

(2.) THIS is second visit of the petitioner to this Court. Earlier petitioner filed an application under Order 14 Rule 5 of CPC, which was rejected by the court below. Petitioner filed W.P. No. 6325/2012 before this Court. However, the said petition was withdrawn with liberty to file an appropriate application before the court below. In turn, the application under Order 14 Rule 5 of CPC was filed. The court below rejected this application on the ground that similar applications were earlier rejected by the court below. The additional issue No. 7-B and issue No. 15 are already there to take care of the grievance of the petitioner. The court below opined that in earlier order dated 18.11.2010, the various aspects raised by the petitioner were taken care of and dealt with. There is no infirmity in the said order and accordingly, the court below had rejected the application aforesaid.

(3.) IN the opinion of this Court, interference can be made in these proceedings under Article 227 of the Constitution provided the order impugned is shown to be passed by a court having no jurisdiction, it suffers from any manifest procedural impropriety or palpable perversity. Another view is possible is not a ground for interference. This view was taken by the Supreme Court in Shalini Shyam Shetty and another vs. Rajendra Shankar Patil [(2010) 8 SCC 329]. The relevant portion of the said judgment held as under:-