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DELHI HIGH COURT
C.HARI SHANKAR
JK Interiors – Appellant
Versus
Anju Alagh – Respondent
| Table of Content |
|---|
| 1. court's procedure on hearing appearance. (Para 1 , 2) |
| 2. distinction between remedies in civil court. (Para 3) |
| 3. article 227 petition not maintainable. (Para 4) |
| 4. petition dismissed. (Para 5) |
1. On the last date of hearing, learned Counsel for the petitioner was granted time to satisfy this Court that, despite the fact that the order dated 24th March 2022, passed by the learned Civil Judge, was appealable, a petition under Article 227 of the Constitution of India would nonetheless be maintainable.
2. Despite the matter having been called out twice today, there is no appearance on behalf of the petitioner.
3. In Virudhunagar Hindu Nadargal Dharma Paribalana Sabai v. Tuticorin Educational Society, (2019) 9 SCC 538, the Supreme Court has, with respect to the availability of a remedy under Article 227 of the Constitution of India against orders, which are passed by civil courts, and against which appeals lie to civil courts, held thus:
"11. Secondly, the High Court ought to have seen that when remedy of appeal under Section 104(1)(i) read with Order 43, Rule 1(r) of the Code of Civil Procedure, 1908, was directly available, Respondents 1 and 2 oug
The availability of an appellate remedy under the CPC prevents the maintainability of petitions under Article 227 of the Constitution.
Wherever the proceedings are under the Code of Civil Procedure and the forum is the Civil Court, the availability of a remedy under CPC, will deter the High Court, not merely as a measure of self imp....
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.
The judgment established that the availability of remedy under Section 115 of the CPC does not automatically render a writ petition under Article 227 of the Constitution of India non-maintainable. It....
The judgment emphasizes the limitations and conditions for exercising supervisory jurisdiction under Article 227 of the Constitution of India.
The High Court should refrain from exercising Article 227 jurisdiction in civil matters where an alternative remedy of appeal is available under the CPC.
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 the limited scope of the High Court's jurisdiction under Article 227 of the Constitution of India, emphasizing that the High Court cannot act as a ....
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