Is Petition Under Article 227 Of Constitution Maintainable If Alternative Remedy Of Civil Revision Petition U/Sec 115 CPC Is Available ? SC Issues Notice

Is a petition under Article 227 of the Constitution of India maintainable if alternative remedy of Civil Revision Petition under Section 115 of Code of Civil Procedure is available?

In this case, a petition under Article 227 was filed before the Allahabad High Court challenging a District Court's order rejecting the amendment application under Order 6 Rule 17 CPC. The respondent objected to maintainability on the ground that the impugned order is revisable under Section 115 CPC. The High Court held that the decision on an application under Order 6 Rule 17 of C.P.C. would amount to a case decided and revision would lie. Relying on the Supreme Court judgment in Virudhunagar Hindu Nadargal Dharma Paribalana Sabai Vs. Tuticorin Educational Society (2019) 9 SCC 538, the High Court dismissed the petition observing that where there is availability of remedy under CPC, normally petition under Article 227 would not lie.

In Special Leave Petition, the appellant contended that there is a clear distinction between entertainability and maintainability. "In a given case the petition under Article 227 may not be entertained but by no stretch of imagination it can be said that the writ petition under Article 227 of the Constitution of the India against the order passed by the Subordinate Court shall not be maintainable at all. Even otherwise, the High Court ought to have converted the writ petition into the revision under Section 115 of the CPC and thereafter ought to have considered the same.", it was contended.

The bench comprising Justices MR Shah and Krishna Murari issued notice in the matter.

Case: Raj Shri Agarwal@ Ram Shri Agarwal vs  Sudheer Mohan | SLP(C) 14102/2022

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