The Allahabad High Court dismissed a petition under Article 227 seeking to set aside an attachment order in a civil suit, holding it not maintainable due to the availability of an alternative remedy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:144573
Court No. - 1
Case :- MATTERS UNDER ARTICLE 227 No. - 5446 of 2023
Petitioner :- Dev Suman Goyal And Another Respondent :- Brij Kishor Gupta And Another Counsel for Petitioner :- Vibhu Rai Counsel for Respondent :- Pankaj Agarwal
Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioners.
This petition has been filed seeking the following reliefs:
"i. Issue an appropriate order or direction setting aside the order dated 23.12.2022 passed by the learned Civil Judge (Senior Division), Aligarh in Original Suit No. 1109 of 2022 (Annexure No. 3)."
Sri Shivam Agrawal holding brief of Sri Pankaj Agarwal, learned counsel appearing for the respondents has raised a preliminary objection regarding maintainability of this petition on the ground that an appeal is provided under Clause (q) of Rule 1 of Order 43 of the Code of Civil Procedure.
It appears that by the impugned order dated 23.12.2022, a property has been attached. Though, certified copy of the order dated 23.12.2022 has not been enclosed but, as is evident from the typed copy of the order appearing at page 26 and 27 of this petition, which, as has been pointed out by the learned counsel for the petitioner, is an exact copy of the order dated 23.12.2022, certain property to the extent of Rs. 16 lacs has been ordered to be attached. Evidently, this order has been passed in exercise of powers conferred under Rule 6 of Order 38 CPC.
This petition is not maintainable on the ground of alternative remedy.
The petition is, therefore, dismissed.
Registrar (Compliance) is directed to send copy of this order to the court concerned.
Order Date :- 20.7.2023 sfa/
(Jayant Banerji, J)
Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad
1 issue framed by the court
whether the writ petition for setting aside an attachment order is maintainable in the presence of an alternative remedy under Order 43 Rule 1(q) CPC.
Dev Suman Goyal
Another
Brij Kishor Gupta
Another
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
