SMT. POONI DEVI Vs. SMT. VARSA AND OTHERS

JUDGEMENT

(1.) The instant special appeal has been filed by appellant, Smt. Pooni Devi, against the judgment dated 14.03.2018 passed by learned Single Judge in SBCWP No.7761/2017 whereby writ petition filed by the respondent/writ-petitioner was allowed and the learned Single Judge set aside the order dated 26.05.2017 passed by Civil Judge (Sr. Division) Sanchore whereby application (2 of 6) [SAW-657/2018] filed by the present appeal (defendant) under Order 7, Rule 11 CPC was allowed and election petition filed by respondent/writ-petition was dismissed.

(2.) At the threshold, learned counsel for the respondent/writ-petitioner submits that this appeal is not maintainable in view of judgment rendered by Division Bench of this Court in DBSAW No.345/2015- Hindustan Petroleum Corporation Ltd. v. M/s Shyam Narayan Mehra and Brothers, decided on 29.07.2015 whereby the Division Bench of this Court held that intra-court appeal against the order of learned Single Judge in exercise of powers of superintendence under Article 227 of the Constitution of India is not maintainable. In the instant case, writ petition was filed by the respondent/writ-petitioner under Article 227 of the Constitution of India and as per the present appeal is not maintainable.

(3.) Learned counsel for the appellant/non-petitioner while giving reply to said preliminary objection with regard to maintainability of the instant appeal argued that in the case of Babulal Jain v. District Judge, Bikaner and Ors. reported in 2016 Lawsuit (Raj.) 1599, the Division Bench of this Court interfered in the matter and adjudicated the order of learned Single Judge passed under Article 227 of the Constitution of India, therefore, this appeal is maintainable. Learned counsel for the appellant further argued that the Election Tribunal is not a civil court, therefore, the ratio of judgment in the case of Hindustan Petroleum Corporation Ltd. (supra) will not apply.