Petition under Article 227 sought setting aside of an order rejecting an application under Order 18 Rule 16 CPC in a pending suit. The court dismissed the petition solely on the ground that the petitioner had an alternative remedy of revision under Section 115 CPC.
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Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 2721 of 2024
Petitioner :- Shyam Narayan Respondent :- Civil Judge Junior Division Gonda And Another Counsel for Petitioner :- Arvind Pratap Singh
Hon'ble Manish Kumar,J.
Present petition has been preferred for setting aside the impugned order dated 06.02.2024 passed by the Civil Judge, Junior Division, Gonda in Regular Suit No. 2622 of 2023 (Shyam Narayan Vs. Basant Kumar) whereby the application bearing No. 8 Ga-2 (under Order 18 Rule 16 of C.P.C.) has been rejected.
Learned Standing Counsel has raised a preliminary objection regarding maintainability of the present petition as the petitioner has an alternative remedy to file a revision against the aforesaid order under Section 115 C.P.C, which is not disputed by the learned counsel for the petitioner.
Since the petitioner has an alternative remedy against the aforesaid order under Section 115 of C.P.C., present petition is dismissed on the ground of availability of alternative remedy.
Order Date :- 26.7.2024 Ashish
Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the Article 227 petition was maintainable when the petitioner had an alternative remedy under Section 115 CPC.
3 provisions across 2 enactments
Shyam Narayan
Civil Judge Junior Division Gonda
Basant Kumar
Manish Kumar
As recorded by the court registry
3 orders share this CNR
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