DURGA PRASAD versus NAVEEN CHANDRA AND ORS.

DURGA PRASAD versus NAVEEN CHANDRA AND ORS.

The Supreme Court held that invoking writ jurisdiction under Article 226 to challenge the trial court's order was not warranted as a revision under Section 115 CPC was maintainable; the appellant must avail remedies prescribed by law rather than bypassing them through writs.

Parties
Appellant: Durga Prasad; Respondent: Naveen Chandra and Ors.
Jurisdiction
India
Judgment Date
11 March 1996
Procedural Posture
Civil Appeal / Appeal From Order of High Court Dismissing Writ Petition
Outcome
appeal dismissed
Legal Topics
Writ Jurisdiction, Appeals and Revisions, Setting Aside Decree
Civil Procedure Writ Jurisdiction Appeals and Revisions Setting Aside Decree

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 1
Sign in to unlock

Parties

Durga Prasad

Appellant

Naveen Chandra and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of High Court Dismissing Writ Petition

Legal Issues

  1. 1 Whether writ jurisdiction under Article 226 can be invoked to challenge trial court order rejecting objection to maintainability of Order 9 Rule 13 CPC application
  2. 2 Whether remedy under Code of Civil Procedure is available

Ratio Decidendi

The Supreme Court held that invoking writ jurisdiction under Article 226 to challenge the trial court's order was not warranted as a revision under Section 115 CPC was maintainable; the appellant must avail remedies prescribed by law rather than bypassing them through writs.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed. No costs.
  • It is open to the appellant to avail of such remedy as is open under law.