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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Shekhar Indu – Appellant
Versus
Kishori Lal (Deceased) through LRs. Smt. Usha – Respondent
| Table of Content |
|---|
| 1. article 227 petition challenges judgments after remand for deceased defendant. (Para 1 , 2 , 3) |
| 2. lower courts ignored abatement issue per remand directions. (Para 4) |
| 3. record shows defendant deleted on 05.07.2004 by plaintiff. (Para 5 , 6) |
| 4. prior deletion negates abatement and substitution requirements. (Para 7 , 8) |
| 5. no perversity found; petition dismissed. (Para 9) |
JUDGMENT :
AJAY MOHAN GOEL, J.
1. By way of this petition, filed under Article 227 of the Constitution of India, the petitioners have challenged the judgment passed by learned Appellate Court in an appeal preferred under Section 96 of the CIVIL PROCEDURE CODE , in terms whereof, learned Appellate Court upheld the judgment passed by learned Trial Court. This petition has been preferred under Article 227 of the Constitution of India against the judgment and decree passed by the learned Appellate Court in light of the provisions of Section 102 of the CIVIL PROCEDURE CODE , in terms whereof, no second appeal shall lie from any decree when the subject matter of the original suit for recovery of money does not exceeds Rs.25,000/-. As the suit was for recovery of Rs.10,000/- as nominal damages and in ligh
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.
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....
Point of law: When Execution Petition was filed in E.P.No.90 of 2010, by impleading the present revision petitioners as parties, the said Kuppammal seems to have died and subsequently, E.A.No.175 of ....
Civil Procedure Code, 1908 – Section 152 – Correction in decree – An unintentional mistake of court which may prejudice cause of any party, must be rectified – If unintentional mistakes could be rect....
The High Court should not entertain a revision petition under Article 227 against an ex-parte judgment and decree when a specific remedy of appeal is available under the Code of Civil Procedure itsel....
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 main legal point established in the judgment is that a revision under Article 227 of the Constitution of India may not be maintainable if the petitioner has an alternative remedy of filing an app....
Omission to decree counter-claim in judgment's operative part and decree, despite favourable body findings, is substantive error not correctable under Section 152 CPC; remedy via appeal or review req....
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