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Bombay High Court

THE TRUSTEES OF THE BAI SOONABAI HIRJI AGIARY TRUST AND ORS.versusMURLIMAL SANTRAM

Decided
Disposal
Disposed Off

Holding

The petition challenging the interlocutory order is dismissed as the order is not amenable to writ jurisdiction and can be contested later in an appeal under Section 105 CPC.

Summary

The Trustees of the Bai Soonabai Hirji Agiary filed a writ petition challenging an interlocutory order of the trial court, which had been affirmed on revision, permitting the respondent, Murlimal Santram, to take certain documents on record as evidence. The petitioners argued that the order, though interlocutory, affected their rights and should be subject to judicial review under Article 227 of the Constitution. The Court observed that interlocutory orders are generally not amenable to writ jurisdiction and that any grievance can be raised later in an appeal under Section 105 of the Code of Civil Procedure, 1908, if the final decree is adverse. Consequently, the Court declined to interfere with the order, noting that no prejudice was caused to the petitioners. The petition was dismissed while leaving the substantive rights and contentions in the underlying suit untouched.

Issues considered

  • Whether an interlocutory order granting the respondent permission to take documents on record can be challenged by a writ petition under Article 227 of the Constitution of India.
  • Whether Section 105 of the Code of Civil Procedure, 1908 provides an alternative remedy for challenging such interlocutory orders.

Legislation cited

Subjects

  • interlocutory order
  • Article 227
  • Section 105 CPC
  • writ petition
  • discretionary jurisdiction
  • appeal against decree

Judgment

                                                                       18-wp-12114-2018.doc




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          varsha
                                           CIVIL APPELLATE JURISDICTION
                                          WRIT PETITION NO. 12114 OF 2018


                     The Trustees of the Bai Soonabai Hirji Agiary       … Petitioners
                     Trust and Ors
                                    vs.
                     Murlimal Santram                                    … Respondent


                     Mr. Jamsheed Master a/w. Mr. Smith Barboz i/b. Mulla and Mulla
                     and Craigie Blunt and Caroe for the Petitioners.


                                                       CORAM : GAURI GODSE, J.
                                                       DATED : 30th SEPTEMBER 2026

        Digitally
        signed by
        VARSHA
VARSHA VIJAY
VIJAY   RAJGURU      ORDER:
RAJGURU Date:
        2026.10.01
        11:41:07
        +0530


                     1.    This petition is by the original plaintiffs challenging the order

                     passed by the trial court and confirmed in the revision allowing the

                     defendant’s application for taking on record the documents in

                     evidence. This is purely an interlocutory order which in no manner

                     affects the rights of the parties. No prejudice is caused to the

                     petitioners.

                     2.    Normally, court should be very slow in interfering with such an

                     interlocutory order in its discretionary jurisdiction under Article 227 of

                     the Constitution of India. Moreover, in view of Section 105 of the


                                                     Page no. 1 of 2
                                                18-wp-12114-2018.doc



Code of Civil Procedure, 1908 (“CPC”) the impugned order can

always be challenged in an appeal against the decree which may be

passed in the suit, in the event the decree is adverse to the

petitioners.

3.    Subject to the aforesaid observations, the petition is rejected

while keeping rights and contentions of the parties in the suit open.



                                                 (GAURI GODSE, J.)




                             Page no. 2 of 2


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