AJAY BANSAL versus ANUP MEHTA & ORS.

AJAY BANSAL versus ANUP MEHTA & ORS.

Ordinarily, an application under Article 227 of the Constitution is not maintainable where appeal lies from the decree under Section 96 of the Code. The proper course is to convert the writ petition into an appeal, allowing all contentions of the parties to remain open.

Parties
Appellant: Ajay Bansal; Respondents: Anup Mehta & Ors.
Jurisdiction
India
Judgment Date
16 January 2007
Procedural Posture
Civil Appeal / Appeal Against High Court Order Allowing Application Under Article 227 of the Constitution
Outcome
Appeal allowed; impugned judgment set aside.
Legal Topics
Summary Suit, Leave to Defend, Application Under Article 227, Appealability, Practice and Procedure
Civil Procedure Summary Suit Leave to Defend Application Under Article 227 Appealability Practice and Procedure

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Parties

Ajay Bansal

Appellant

Anup Mehta & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against High Court Order Allowing Application Under Article 227 of the Constitution

Legal Issues

  1. 1 Whether application under Article 227 of the Constitution is maintainable where appeal lies against a judgment and decree under Section 96 of the Code of Civil Procedure
  2. 2 Effect of refusal to grant leave to defend under Order XXXVII of the Code
  3. 3 Maintainability and procedure of converting writ petition to appeal

Ratio Decidendi

Ordinarily, an application under Article 227 of the Constitution is not maintainable where appeal lies from the decree under Section 96 of the Code. The proper course is to convert the writ petition into an appeal, allowing all contentions of the parties to remain open.

Court Disposition

Appeal allowed; impugned judgment set aside.

Orders

  • Writ petition directed to be converted into a first appeal.
  • Respondents to file certified copy of judgment and decree and pay deficit court fee within eight weeks.