Back
C. HARI SHANKAR
Rajesh Singh – Appellant
Versus
Rakesh Kumar Mittal – Respondent
JUDGMENT
C. Hari Shankar, J. - This petition, under article 227 of the Constitution of India, assails the decision of the learned additional District Judge ('the learned aDJ') dated 13th December, 2021 in CS DJ 404/2020 (Rakesh Kumar Mittal v. Rajesh Singh).
2. The petitioner was the defendant in the said suit and the respondent was the plaintiff.
3. The respondent filed the aforesaid suit against the petitioner as a summary suit under Order XXXVII of the Code of Civil Procedure, 1908 (the CPC) for recovery of an amount of Rs. 38 lakhs.
4. an application was filed by the petitioner, as the defendant before the learned aDJ, seeking leave to defend the suit.
5. It is not necessary to enter into the details of the impugned order. Suffice it to state that, the learned aDJ has, in paras 16 to 19 of the impugned order, held thus:
'16. There is no denial by the defendant with respect to receipt of Rs.20 lakhs from the plaintiff. His only defence is with respect to the interest part. In view of the aforesaid implied admission by the defendant as well as on the basis of cheques and bank statement relied upon by the plaintiff it stands proved that the defendant has received an amount of Rs.20 l
The main legal point established in the judgment is that the availability of an appeal remedy under the CPC operates as a near total bar to the exercise of jurisdiction by the court under article 227....
When an appeal lies against a decree in civil court, a petition under Article 227 is not maintainable, emphasizing the necessity to use available remedies.
The executing court is bound to execute a decree as it stands, and objections to its execution must be based on jurisdictional issues rather than claims of error in the decree's interpretation.
Against an order dismissing an application for condonation of delay in filing the written statement, neither an appeal nor revision petition under Section 115 of the CPC lies.
The main legal point established in the judgment is that the availability of a statutory remedy of appeal against the order of rejection of plaint under the Code of Civil Procedure rendered the insta....
Article 227 jurisdiction not to interfere with lower courts absent perversity; prior deletion of deceased defendant from parties negates abatement or substitution issue post-remand.
A petition under Article 227 of the Constitution of India is maintainable against non-appealable orders of Commercial Courts despite restrictions in the Commercial Courts Act, preserving the High Cou....
Summary suit (Money suit) – Leave to defend cannot be granted where defence put up by defendants appears to be illusory
Clerical and arithmetical errors in judgments can be corrected under Section 152 of the CPC without altering substantive rights, and the High Court has the authority to intervene under Article 227 to....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
