BHAGAT GOURI Vs. SUB JUDGE, BADARWAH

JUDGEMENT

(1.) THIS is a writ petition under Art. 226 read with Art. 227 of the Constitution of India for quashing the order of respondent No. 1 Sub Judge (Badarwah) passed on 13 -6 -1983 and the judgment and decree passed by him on 1 -5 -1983.

(2.) THE facts in brief are these:

(3.) THE petitioners counsel submits that it is well settled law that the extraordinary jurisdiction of this court under Articles 226 and 227 of the Constitution of India can be exercised where this court is alerted of the orders passed without jurisdiction amounting to nullities. There may be no dispute about this proposition of law so vitally put but this court cannot be invited to exercise jurisdiction under Art.226 and 227 as a matter of course. The petitioner participated in the suit by filing a written statement. He should have been diligent in the matter. The judgment and the decree was passed as early as 1 -5 -1981. He had statutory remedies available in law to quash the judgment and decree. He slept over his rights. It was only in June, 1983 when the attachment order was passed that he thought it fit to move this court to quash the order and the earlier judgment and decree. I am not satisfied that the facts disclosed from the records a case is made out for the exercise of jurisdiction under Arts. 226 or 227 of the Constitution of India. The writ petition does not merit issuance of notice. It is dismissed.