LAWS(MPH)-2014-5-12

KHALID AHMED Vs. SARWAR AHMED

Decided On May 16, 2014
Khalid Ahmed Appellant
V/S
Sarwar Ahmed Respondents

JUDGEMENT

(1.) THIS appeal under section 2(1) of the MP Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 (hereinafter referred to as ,,Adhiniyam of 2005) is filed aggrieved by order -dated 28.3.2014, passed by a learned Single Bench of this Court in Review Petition No. 130/2014.

(2.) OFFICE has raised an objection with regard to maintainability of this appeal mainly on the ground that the original writ petition was a petition under Article 227 of the Constitution i.e... Writ Petition No.20673/2013 and, therefore, a writ appeal against the order passed is not maintainable.

(3.) FACTS , in a nut -shell, goes to show that a writ petition was filed under Article 227 of the Constitution, whereby an application filed by the appellants/petitioners under section 151 of the Code of Civil Procedure, in a pending suit for summoning of witnesses was dismissed by the trial court. Against the order passed by the