Single judge held that petitioners challenging a rejection of an application under Order 9 Rule 13 read with Section 151 CPC must approach appellate court under Order 43 Rule 1(d) CPC and declined to entertain Article 227 petition.
Petition dismissed; liberty to avail remedy under Order 43 Rule 1(d) CPC.
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Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6795 of 2019
Petitioner :- Salma Begum And Another Respondent :- Sajada Khatoon Counsel for Petitioner :- Prabhav Srivastava
Hon'ble Manoj Kumar Gupta,J.
Supplementary affidavit filed today is taken on record.
By means of instant petition, the petitioners have challenged the order dated 9.5.2019, passed in Miscellaneous Case No. 6 of 2018, by which the application filed by the defendantpetitioners under Order IX Rule 13, read with Section 151 C.P.C. has been rejected.
In considered opinion of the court, the petitioners have remedy to challenge the impugned order by taking the course to the appellate jurisdiction, under Order 43 Rule 1(d) C.P.C. This court declines to entertain the instant petition.
The petition is accordingly disposed of, with liberty to the petitioners to avail the remedy provided under the Code of Civil Procedure.
Certified copies of the orders shall be returned to the learned counsel for the applicant, after retaining their photostat copies on record.
(Manoj Kumar Gupta, J.)
Order Date :- 17.10.2019 Jaideep/-
1 issue framed by the court
Whether this court should exercise supervisory jurisdiction under Article 227 to entertain a petition challenging a rejection of an application under Order IX Rule 13 CPC when an appellate remedy lies
3 provisions across 1 enactments
Salma Begum
Another
Sajada Khatoon
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
