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DELHI HIGH COURT
C.HARI SHANKAR
Rajesh Singh – Appellant
Versus
Rakesh Kumar Mittal – Respondent
| Table of Content |
|---|
| 1. petition under article 227 against a decree. (Para 1 , 2 , 3 , 4) |
| 2. details of the learned adj's order. (Para 5 , 6) |
| 3. arguments about the appealability of the decree. (Para 7 , 8) |
| 4. clarification of the learned adj's decision. (Para 9 , 10) |
| 5. explanation of decree definitions under cpc. (Para 12 , 13 , 14) |
| 6. appealability of the decree under cpc. (Para 15 , 16) |
| 7. impugned order's appealability context. (Para 17 , 18) |
| 8. article 227 jurisdiction limitations. (Para 19 , 20 , 21) |
| 9. dismissal of the petition as not maintainable. (Para 22) |
1. 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 t
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 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....
A court under Article 227 will not interfere in adjourned proceedings unless there are compelling reasons. The parties retain the right to resolve disputes before the original judge.
The availability of an appellate remedy under the CPC prevents the maintainability of petitions under Article 227 of the Constitution.
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.
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.
Summary suit (Money suit) – Leave to defend cannot be granted where defence put up by defendants appears to be illusory
Unconscionable laches can bar relief in petitions under Article 227; courts will not interfere unless there are grave abuses or derelictions.
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.
Availability of such a remedy under the Code of Civil Procedure to be construed as near to total bar for the remedy under Article 227 of the Constitution of India.
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