Smt. Suraj Kumari vs District Judge, Mirzapur And Others on 17 October, 1990
27. Before dealing with the cases cited by both the sides it is necessary to examine as to what reasoning has been given by the Courts below for refusing to entertain the petitioner's application under 0.9, R. 13read withS. 151 of the Code of Civil Procedure only then it will be fruitful to examine cases cited by the petitioner's counsel. The appellate Court in its judgment dated 28th November, 1989 impugned in the present writ petition has distinguished the case of this Court in the case of Suraj Deo v. Board of Revenue (supra) and have held that in the facts and circumstances of the present case the petitioner has filed a suit and the same is pending in the Court of Munsif Magistrate, Mirzapur. In these circumstances the trial Court was justified in directing the petitioner to persue the remedy by means of a regular suit. The relevant portion of the impugned judgment is being quoted for convenience: