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31th October, 2014 SH. RANDHIR JAIN ..... Petitioner
Through: None
Through:
To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL)
JUDGMENT
1. The petitioner who is an Advocate impugns the order of the trial court dated 05.8.2014, and which order has simply allowed further time to the respondents/defendants to file replies to the applications under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC) and under Order XXVI Rule 9 CPC.
2. I fail to understand as to how the extraordinary and discretionary powers under Article 227 of the Constitution of India are being invoked in a routine manner, and that too by an Advocate as a litigant, in seeking orders that further time should not be given for filing replies to applications. 2014:DHC:5617 CM(M) No.965/2014
3. Powers under Article 227 of the Constitution of India are extraordinary and discretionary powers, and they are meant not to be exercised in a routine manner, more so to challenge the procedural orders.
4. Dismissed.
VALMIKI J. MEHTA, J OCTOBER 31, 2014 KA