The High Court dismissed a writ petition under Article 227 since an alternative civil revision under Section 115 CPC was available against the rejected application under Section 11 CPC.
Writ petition dismissed; liberty reserved to file civil revision under Section 115 CPC.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WP227 No. 401 of 2016
---- Petitioner
Versus
No.2 to 5 are R/o. Choukhadiyapara, Rajnandgaon, District Rajnandgaon (C.G.) (Lrs of Panni Bai)
---- Respondents
For Petitioner
: Shri Vinod Kumar Sharma, Advocate
Hon'ble Shri Justice Prashant Kumar Mishra
Order On Board
04/07/2016
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amenable to the revisional jurisdiction of this Court under Section 115 CPC. In view of the availability of alternative remedy before this Court, the petitioner should have preferred a civil revision.
Judge Prashant Kumar Mishra
Ashu
2 issues framed by the court
Whether a writ petition under Article 227 is maintainable when a civil revision under Section 115 CPC is available as an alternative remedy.
Whether Section 11 CPC makes a suit non-maintainable justifying the revisional court to quash the trial court's order.
3 provisions across 2 enactments
Krishna Kumar Shrivastava
Kripa Ram
Mannu Lal
Dwarika Prasad
Arun Kumar
Ashwani Kumar
Prashant Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
