Umrao Singh Buliya vs. State of Rajasthan & Ors. (S.B.Civil writ Petition No.5738/06) Dated:- 16.11.2007. HON'BLE MR.JUSTICE SANGEET LODHA Mr. Sudheer Sharma, for the petitioner. Mr. B.L.Tiwari, Dy.Government Advocate. This writ petition is directed against order dated 20.7.06 passed by the Additional District Judge, Banswara in Civil Misc. Case No.12/06 , whereby an application preferred by the petitioner against the respondent nos. 1 and 2 under Order 39 Rule 1,2 read with Section 151 C.P.C. has been rejected. Admittedly, the order impugned passed by the learned trial Court is appealable under Section 104 read with Order 43 Rule 1 ( r) of the Civil Procedure Code, 1908. Thus, in view of the remedy of appeal available to the petitioner against the order impugned before this Court , the petitioner cannot be permitted to invoke extra ordinary jurisdiction of this Court under Articles 226/227 of the Constitution of India. Accordingly, the writ petition is dismissed. Interim order dated 6.10.06 passed by this Court is vacated. The certified copy of the order impugned filed by the petitioner may be returned to him, while keeping a photo stat copy of the order on record. No order as to costs. (SANGEET LODHA),J.