THE KOUSHIK MUTUALLY AIDED COOPERATIVE HOUSING SOCIETY versus AMEENA BEGUM & ANOTHER

THE KOUSHIK MUTUALLY AIDED COOPERATIVE HOUSING SOCIETY versus AMEENA BEGUM & ANOTHER

The Civil Revision Petition under Section 115 CPC was not maintainable because an alternate and effective appellate remedy was available under Order XLIII Rule 1(d) CPC against the dismissal of an application under Order IX Rule 13 CPC; therefore the High Court order passed in revision was set aside and the first respondent was granted liberty to file an appeal under Order XLIII Rule 1(d) CPC within a specified time.

Parties
Plaintiff/appellant: THE KOUSHIK MUTUALLY AIDED COOPERATIVE HOUSING SOCIETY; Respondent/defendant: AMEENA BEGUM
Jurisdiction
India
Judgment Date
01 December 2023
Procedural Posture
Civil Appeal / Appeal to Supreme Court From High Court Order Dated 08.01.2021 in Civil Revision Petition No.4866/2018
Outcome
Appeal allowed; impugned High Court order dated 08.01.2021 set aside.
Legal Topics
Order IX Rule 13 CPC, Section 115 CPC (revision), Order XLIII Rule 1(d) CPC (appeal), Condonation of Delay, Ex Parte Decree, Appealability
Civil Procedure Limitation Law Order IX Rule 13 CPC Section 115 CPC (revision) Order XLIII Rule 1(d) CPC (appeal) Condonation of Delay Ex Parte Decree Appealability

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Parties

THE KOUSHIK MUTUALLY AIDED COOPERATIVE HOUSING SOCIETY

Plaintiff/appellant

AMEENA BEGUM

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal to Supreme Court From High Court Order Dated 08.01.2021 in Civil Revision Petition No.4866/2018

Legal Issues

  1. 1 Whether a Civil Revision Petition under Section 115 CPC is maintainable against an order dismissing an application under Order IX Rule 13 CPC when an appeal lies under Order XLIII Rule 1(d) CPC
  2. 2 Whether the High Court was justified in entertaining and allowing Civil Revision Petition No.4866/2018 to set aside trial court order dismissing condonation of delay and consequent dismissal of petition under Order IX Rule 13 CPC

Ratio Decidendi

The Civil Revision Petition under Section 115 CPC was not maintainable because an alternate and effective appellate remedy was available under Order XLIII Rule 1(d) CPC against the dismissal of an application under Order IX Rule 13 CPC; therefore the High Court order passed in revision was set aside and the first respondent was granted liberty to file an appeal under Order XLIII Rule 1(d) CPC within a specified time.

Court Disposition

Appeal allowed; impugned High Court order dated 08.01.2021 set aside.

Orders

  • Impugned order dated 08.01.2021 passed in Civil Revision Petition No.4866/2018 set aside.
  • Liberty reserved to the first respondent to file an appeal under Order XLIII Rule 1(d) CPC on or before 31.12.2023.