IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, AT JAIPUR BENCH, JAIPUR S.B.CIVIL WRIT PETITION No.7109/2010 (Shiv Prakash Vijay Versus Bank of Baroda & Others) Date of order :: 5th July, 2010 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Mukesh Sharma, counsel for the petitioner. This order governs the disposal of writ petition filed by the petitioner Shiv Prakash Vijay, whereby the order dated 27th March, 2010 2010 rendered by Civil Judge (Sr. Division), Kota has been impugned. 2. Heard learned counsel for the petitioner and carefully perused the impugned order as also the relevant material available on the record. 3. At the very outset, it is pertinent to mention here that under Article 227 of the Constitution, the extraordinary jurisdiction can be invoked by the parties only in exceptional circumstances and not as a matter of routine. 4. The petitioner filed an application dated 21.5.2009 under Section 151 of CPC for granting further time to -2- deposit Rs. 15,000/-. It is relevant to record that on 25.8.2005, an interim order was passed by the trial court that in case the petitioner deposits Rs. 15,000/- within a period of 15 days, then the appropriate order might have been passed for making the instalments of the balance amount. The petitioner did not deposit the aforesaid amount of Rs. 15,000/- uptill 4.1.2007 as such the execution petition was dismissed in default of appearance as well as for non prosecution on 4.1.2007. The instant execution was filed by the petitioner on 8.3.2006 seeking implemention of the order passed in the earlier execution petition. Since the earlier filed execution petition had already been dismissed in default of appearance as well as for non prosecution, as such the order passed therein could not have been implemented in the instant execution petition. The application dated 21.5.2009 appears to have been filed by the petitioner just to delay the attachment proceedings. -3- 5. It goes without saying that any order passed by the court on application filed under Section 151 C.P.C. does not give a legal right to the petitioner to file a writ petition in the Court when there is no legal right to file a revision. The extraordinary powers of the court cannot be exercised in routine. The writ petition is found to be totally devoid of merit, as such, the same deserves to be dismised in limine. 6. In view of the above, the petition is dismissed accordingly. (MAHESH BHAGWATI),J DK