Applicability of CPC to a Writ petition under Article 227 of the Constitution of India: Patna HC refers issue to DB [Read Judgment]

However, the issue under controversy is not whether its application should be waived, rather whether it applies or not, the Court said.Single Bench of the Patna High Court has referred to Division Bench, the question whether procedure prescribed in Code of Civil Procedure would apply to the petition under Article 227 of the Constitution of India, whenever matter is against the order. Single Bench of the Patna High Court has referred to Division Bench, the question whether procedure prescribed in Code of Civil Procedure would apply to the petition under Article 227 of the Constitution of India, whenever matter is against the order passed by Civil Court. At the other end, as enumerated in foregoing paragraph, it happens to be consistent plea that Article 120, 121 of the Limitation Act is not applicable which governs the event of substitution in terms of Order 22 of the CPC, and further having the issue untouched uptil now, as no specific judicial pronouncement of this High Court has been traced, and further, taking into account the case law referred by the learned counsel for the petitioner referred in 1978 PLJR 659 as well as considering the nature of controversy to be of great importance, needs authoritative decision and for that the matter in hand is being referred to the Division Bench and for that following questionnaires are formulated.” Following questions have been referred to Division Bench Proper identification of petition under Article 227 of the Constitution of India. Whether procedures prescribed under Code of Civil Procedure would apply to the petition under Article 227 of the Constitution of India, whenever matter is against the order passed by Civil Court?