MANJU DEVI Vs. GIRIJA DEVI

JUDGEMENT

(1.) The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench on 26th August, 2013 whereby an order passed by the Civil Court on 12th March, 2010 rejecting an application filed by the appellants for rejection of plaint remained unsuccessful.

(2.) The present appeal came up for hearing before this Court on 6th October, 2016, when the learned counsel for the appellants sought some time to examine the judgment of the Hon'ble Supreme Court in the case of Jogendrasinhji Vijaysinghji v. State of Gujarat & Ors, 2015 9 SCC 1 , wherein it has been held that the Letters Patent Appeal is not maintainable against an order passed by the learned Single Bench against an order by the Civil Court.

(3.) Today, learned counsel for the appellants contends that though the aforesaid judgment lays down that the judicial orders of the Civil Court are not amenable to the writ jurisdiction under Article 226 of the Constitution but since the appellants have invoked that jurisdiction under Article 226 of the Constitution, therefore, the Letters Patent Appeal would be maintainable. In any case, leave to appeal to the Hon'ble Supreme Court be granted against the order passed by the learned Single Bench on 26th August, 2013.