Appeal dismissed. Held that appeals under Order XLIII Rule 1(u) of the CPC are not maintainable against orders passed under section 26-B of the Uttar Pradesh Urban Planning and Development Act, 1973.
First Appeal From Order dismissed; appellants at liberty to avail other legal remedies.
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Court No. - 4
Case :- FIRST APPEAL FROM ORDER No. - 1247 of 2022
Appellant :- Najamussahar And Another Respondent :- Kanpur Development Authority And 2 Others Counsel for Appellant :- Sunil Srivastava
Hon'ble Siddhartha Varma,J.
By means of the instant First Appeal From Order, an order dated 6.12.2021 has been challenged. This order was passed under section 26-B of the Uttar Pradesh Urban Planning and Development Act, 1973.
If the appellant was aggrieved by the order passed under section 26-B of the Uttar Pradesh Urban Planning and Development Act, 1973 then the remedy available to him was not to file a First Appeal From Order under Order XLIII Rule 1(u) of the Code of Civil Procedure.
Order XLIII Rule 1(u) of the Code of Civil Procedure reads as under :-
" Appeals from orders. --An appeal shall lie from the following orders under the provisions of section 104, namely:--
(u) an order under rule 23 or rule 23-A of Order XLI remanding a case, where an appeal would lie from the decree of the Appellate Court."
The Court is definitely of the view that the instant First Appeal From Order under Order XLIII Rule 1(u) C.P.C. would not be maintainable. It is, accordingly, dismissed. The appellants, however, shall be at liberty to avail such remedies as might be available to them under law.
The certified copy of the impugned order may be replaced by a photostat copy and the certified copy may be returned to learned counsel for the appellants.
Order Date :- 5.7.2022 GS
(Siddhartha Varma, J.)
Digitally signed by GAUTAM SONI Date: 2022.07.06 14:38:14 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether an appeal under Order XLIII Rule 1(u) of the CPC is maintainable against an order passed under section 26-B of the Uttar Pradesh Urban Planning and Development Act, 1973.
2 provisions across 2 enactments
Najamussahar
Kanpur Development Authority
Siddhartha Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
