Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1973 of 2018 Petitioner :- Shakeel Ahmed And 3 Others Respondent :- Bank Of Baroda And 2 Others Counsel for Petitioner :- Vidya Dhar Dubey Counsel for Respondent :- Anadi Krishna Narayana Hon'ble Manoj Kumar Gupta,J.
Heard counsel for the petitioners and Sri Sandeep Kumar Singh for the Bank.
Objections under Order 21 Rule 58 filed by the petitioners were rejected by impugned order dated 28.9.2017, against which Civil Appeal No.13 of 2017 was filed, which has also been dismissed by impugned order dated 24.1.2018.
Sub-rule (4) of Rule 58 of Order 21 provides as under:-
"(4) Where any claim or objection has been adjudicated upon under this rule, the order made thereon shall have the same force and be subject to the same conditions as to appeal or otherwise as if it were a decree."
Thus, the orders passed in the proceedings are to be treated as a decree and it is subject to the same conditions as to appeal.
Accordingly, in the opinion of the Court, the remedy of the petitioners is to file second appeal. The Court, therefore, declines to entertain the challenge in exercise of power under Article 227 of the Constitution. The petition is dismissed with liberty aforesaid reserved in favour of the petitioners.
Certified copy of the impugned orders shall be returned to counsel for the petitioners, after retaining a photo copy on record.
(Manoj Kumar Gupta, J) Order Date :- 30.3.2018 SL