UNION OF INDIA Vs. BRIGADIER DATAR SINGH

JUDGEMENT

(1.) Petitioners have filed the instant petition under Sec. 103/104 of the Constitution of Jammu and Kashmir (corresponding to Article 226/227 of the Constitution of India) whereby they have challenged order dtd. 29/6/2015 passed by the Court of learned Munsiff, Baramulla, in the case titled "Brigadier Datar Singh and Ors. Vs. Union of India and Ors" whereby applications of the petitioners seeking permission to file written statement to the suit filed by the contesting respondents against them has been dismissed.

(2.) The primary ground which the petitioners have urged before this Court is that in a civil revision petition filed by them on an earlier occasion, orders of the trial court whereby two applications of the petitioners, one for setting aside exparte proceedings and another for seeking rejection of plaint in terms of Order VII Rule 11 of the Code of Civil Procedure, were dismissed, have been set aside. It is contended that in terms of the said order, petitioners were allowed to join the proceedings and to contest the suit on the grounds available to them and, as such, it was not open to the learned trial court to go behind the said order of this Court and reject the petitioners' application for seeking permission to file written statement.

(3.) The contesting respondents, while defending the impugned order of the learned trial court, have taken a preliminary objection to the maintainability of the petition on the ground that a Writ of Certiorari cannot be issued against an order passed by a civil court. They have relied upon the judgment of the Supreme Court in the case of Radhey Shyam and Anr vs Chhabi Nath and Ors, (2015) 5 SCC 423.