Code of Civil Procedure, 1908–Order 33, Rules 1, 7 & 9–Constitution of India, 1950–Art. 227–Order of allowing the application under Order 33, Rule 1–Prayer up to effect that the writ petition against the order is not maintainable in view of alternative remedy available under Order 33, Rule 9–Application was admitted at a premature stage without an opportunity of hearing to the petitioner-defendant–Further, the existence of the cause of action and bar of limitation were over-looked–Held, petitioner is well within his right of invoking the jurisdiction under Art. 227.
