Article 227 writ petition dismissed for want of maintainability — impugned order appealable under Order 43 Rule 1(r) CPC; alternative remedy; Allahabad High Court, 12.3.2025; no merits examined.
The order impugned is appealable under Order 43 Rule 1(r) of CPC. ¶6
Neutral Citation No. - 2025:AHC:36655
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 1561 of 2025
Petitioner :- Rajendra Prasad And Another Respondent :- Anuj Kumar And 6 Others Counsel for Petitioner :- Sarvajeet Singh
Hon'ble Rohit Ranjan Agarwal,J.
The order impugned is appealable under Order 43 Rule 1(r) of CPC.
The writ petition filed under Article 227 of Constitution of India is not maintainable.
In view of above, the writ petition is dismissed on the ground of alternative remedy.
Office to return the certified copy of the judgment to petitioners' counsel, within 48 hours.
Order Date :- 12.3.2025 V.S.Singh
Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the writ petition filed under Article 227 of the Constitution of India is maintainable where the impugned order admits of an appeal.¶7
A writ petition filed under Article 227 of the Constitution of India is not maintainable where the order impugned is appealable under Order 43 Rule 1(r) of CPC.ratio¶7
2 provisions across 2 enactments
How this case reached the court
Prior decision challenged by the petitioners; the judgment identifies it only as appealable under Order 43 Rule 1(r) of CPC. Its content, rendering forum and date are not stated.¶6
Instead of pursuing the available statutory appeal, the petitioners approached the High Court by way of a writ petition under Article 227 of the Constitution against the impugned order.¶7
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
