High CourtsSingle Bench(2003) 07 RAJ CK 0105

Municipal Council and Others vs Civil Judge (S.D.) and Others

Rajasthan High Court · Decided on 18 July 2003 · Citation: (2004) 2 RCR(Civil) 329 : (2004) 1 RLW 145

HON’BLE JUDGES
Asok Parihar, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 4108 of 2003

AI Structured Summary

Not yet generated for this judgment

Judgment

3 paragraphs · 188 words

Parihar, J.—Though the suit for recovery was dismissed by the trial court, however, the appellate court vide order dated 30.4.2003 while allowing the suit, decreed the same for an amount of Rs. 15,360/- which was directed to be paid to respondent No. 3 with interest @ 6% from the date of filing of the suit, since the second appeal has been barred as per amended provisions of Section 102 CPC, the present writ petition has been filed challenging the order dated 30.4.2003 passed by the appellant court.

2.

The jurisdiction of this court under Article 227 of the Constitution of India is very limited and it cannot be exercised to by-pass the provisions of the Code of Civil Procedure. If the writ petitions are entertained in such matters, the same will frustrate the very purpose of amendment made u/s 102 CPC.

3.

Be that as it may, after having gone though the impugned order, I find n error or illegality in the same so as to call for any further interference of this court in the present matter. The writ petition is dismissed accordingly as having no merits.