JOHRA BI Vs. JAGESHWAR

JUDGEMENT

(1.) The question has been raised with respect to maintainability of writ petitions as against the orders which have been impugned in the instant cases in view of proviso to sub-section (1) of Section 115CPC; whether writ would be maintainable or revision.

(2.) In WPNo.8714/2007 (Johra Bi and others vs. Jageshwar and others) impugned order (P/7) passed on 15th February, 2007 by the Addl.District Judge, Mandla has been assailed. Plaintiff had filed civil suit no.41-A/03 which was dismissed for want of prosecution, restoration of the suit was applied, the trial Court had dismissed the application filed under Order 9 Rule 9 CPC for restoration of the suit, aggrieved thereby said misc. appeal was preferred before the Addl. District Judge which appeal has been dismissed. Aggrieved thereby, the writ petition has been preferred.

(3.) In WPNo.8447/09 (Amir Islam vs. Paris Grih Nirman Sahkari Sanstha Mary adit and others) matter relates to rejection of an application filed under Order 7 Rule 11 read with Section 151CPC to reject the plaint on the ground that valuation was not appropriate, adequate court fees has not been paid and necessary party has not been impleaded.