DBSAW No.734/2008. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. J U D G M E N T Noratan Mal Dugar Vs. Union of India & Anr. D.B. CIVIL SPECIAL APPEAL (WRIT) NO.734/2008. In S.B. CIVIL WRIT PETITION NO.5851/1998. Date of Judgment:- April 9, 2008. PRESENT HON'BLE THE CHIEF JUSTICE SHRI NARAYAN ROY HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ Mr. N.K. Maloo for the appellant. ***** BY THE COURT:- Heard Mr.N.K. Maloo, learned counsel for the appellant. This appeal is directed against the order dated 13/6/2006 passed by the learned Single Judge whereby the writ petition of the appellant has been dismissed. It appears to be out and out a case of money claim. Claim of the writ petitioner-appellant however was disputed by the respondents. In view of the disputed questions of fact involved, learned Single Judge of this Court dismissed the writ DBSAW No.734/2008. 2 application. The discretion exercised by the learned Single Judge of this Court in the back ground of the case therefore, cannot be faulted. Ordinarily, a writ court should not entertain the disputed questions of fact especially for a money claim. The best course for the appellant would have been to file money suit before the competent civil court. This appeal in this view of the matter is dismissed. However, the observation made by the learned Single Judge of this Court in the impugned- order would not prejudice case of the appellant before the competent civil court. So far as the question of limitation is concerned, the appellant would be at liberty to file the suit along with application under Section 5 read with Section 14 of the Limitation Act which will be considered and disposed of in accordance with law. (MOHAMMAD RAFIQ), J. (NARAYAN ROY), CJ. anil