DAVID KHARIA Vs. BHALERIA KEKETTA

JUDGEMENT

(1.) This civil miscellaneous petition filed by the petitioner is registered as C.M.P. No.30 of 2021. This is a petition filed under Sec. 151 of the Code of Civil Procedure, read with Article 227 of the Constitution of India. In this petition, the petitioner has challenged the order dtd. 19/11/2019 passed by the Civil Judge Senior Division, Simdega in Misc. Civil Application No.4 of 2019. The said order was passed by the Civil Judge Senior Division, Simdega in terms of the proviso of Order XXII Rule 5 of the Code of Civil Procedure.

(2.) A preliminary question, which arises while deciding this civil miscellaneous petition is, whether this petition is maintainable or not. To decide this issue, the following questions needs to be framed: - Whether an order passed by Civil Judge Senior Division in terms of proviso of Order XXII Rule 5 of the Code of Civil Procedure, can be challenged by filing a separate application under Article 227 of the Constitution of India / Sec. 151 of the Code of Civil Procedure, to be treated as a separate litigation? If the answer is 'NO' then what is the remedy available to the parties, who want to challenge the said findings passed by the Judge, who exercised the power and passed the order in terms of Order XXII Rule 5 of the Code of Civil Procedure?

(3.) To deal with the aforesaid issue, it is necessary to give brief facts of this case, which gives rise to this litigation:-