RAJENDAR MAHTO Vs. RAMJEE MAHTO AND ORS.

JUDGEMENT

(1.) This Letters Patent Appeal raises a fundamental question and the question is: whether a writ of certiorari can be issued by a High Court in exercise of its power under Article 226 of the Constitution of India so as to get set aside a judicial order, which may have been made by a civil court in a proceeding covered by the Code of Civil Procedure, 1908? The background facts, leading to the question noted above, are set out hereinbelow: - -

(2.) By order, dated 17.1.2012, passed, in Title Suit No. 15 of 2009, by the learned Munsif -1st, Samastipur, the defendant No. 1/A's prayer, made under Order VI Rule 17 of the Code of Civil Procedure, seeking amendment of the written statement, was rejected.

(3.) By filing a writ petition under Article 227 of the Constitution of India, the appellant herein, as writ petitioner, had put to challenge the order, dated 17.1.2012, whereby the application, seeking amendment of the written statement, had been rejected. The writ petition gave rise to CWJC No. 4652 of 2012.