Shyam Lal Thakur vs Santosh Kumar

Ajay Mohan Goel, J

By way of this petition, filed under Article 227 of the Constitution of India, the petitioner has assailed order dated 11.12.2020, passed by learned

Civil Judge, Arki, District Solan, H.P., in Civil Miscellaneous Application No.389/6 of 2020, under Order 39, Rules 1 and 2 of the Code of Civil

Procedure, filed in Civil Suit No.140 of 2020, in case titled as Shyam Lal Thakur Versus Santosh Kumar.

In my considered view, this petition is misconceived as the petitioner, despite having statutory remedy, has approached this Court, by invoking its

power of superintendence, rather than filing the statutory appeal.

Accordingly, this petition is dismissed as not maintainable, however, with liberty to the petitioner to approach the Appellate Court, if so advised. The

time, which has been spent by the petitioner while pursuing the present petition, shall be excluded for the purpose counting the period of limitation.

Pending miscellaneous application(s), if any, shall stand disposed of accordingly.