[Special Leave Petition (C) No.5430/2016]. This SLP is filed by defendant No. 1 of Title Suit No. 789 of 2013 against the order dated 08.12.2015 passed by the Single Judge of the Patna High Court in C.W.J.C. No. 10572 of 2015, which in turn, arises out of the interim order dated 04.01.2014 passed in Title Suit No. 789 of 2013 pending in the Court of sub-Judge VI, Patna. By impugned order, the High Court declined to entertain the appellant's writ petition filed under Article 227 of the Constitution of India on the ground that the order sought to be impugned in the writ petition by the appellant was an appealable order under Order 43 Rule 1 of the Code of Civil Procedure, 1908 and hence the writ petition is not entertainable to examine the legality and correctness of the interim order dated 04.01.2014.
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