Dr.Satindra Nath Tiwari v. Dhananjay Choubey & Ors.
Case at a glance
- Bench
- MUNGESHWAR SAHOO
Outcome
Dismissed
Accordingly, this writ application is dismissed
Provisions considered
- Constitution of India art. 227
- Code of Civil Procedure, 1908 s. 47
Judgment
Heard the learned counsel for the petitioner. This application under Article 227 of Constitution of India has been filed against the order dated
Operative part
25.06.2011 passed by the Munsif II, Buxar in Misc. Case NO.26 of 2011 filed by the petitioner under Section 47 of the Code of Civil Procedure. By the impugned order, the proceeding itself has been disposed of. In other words, the impugned order is not an interlocutory order rather by the order proceeding has been terminated and independent cause of action has been put at naught and, therefore, in view of the decision of the Apex Court reported in 2003 (6) S.C.C. 659 and the Division Bench of this Court reported in 2010 (2) P.L.J.R. 954 para 36, this application under Article 227 the Constitution of India is not maintainable. Accordingly, this writ application is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this writ application is dismissed
Which statutory provisions did this judgment involve?
Constitution of India — art. 227; Code of Civil Procedure, 1908 — s. 47.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.