Dismissed
The Proprietor v. Sri. Nanjundaswamy B. R. @ Swamy Kailas
Karnataka HCWP/6228/2024
Case brief
AI extract
What is this about?
A single judge bench held that a writ petition filed under Article 226 of the Constitution of India challenging the dismissal of a complaint under Order IX Rule 13 of CPC is not maintainable. The proper remedy is an appeal under Order 43 Rule 1(d) of CPC.
What did the court decide?
The petition was dismissed as not maintainable. The time consumed in pursuing the petition shall be deducted while calculating the limitation for an appeal.