Allahabad High Court
SMT. MEERAversusBALCHANDRA AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The petition is dismissed because the petitioner has an alternative remedy of filing a miscellaneous civil appeal under Order XLIII Rule 1(r) CPC.
Summary
The petitioner, Smt. Meera, filed a petition under Article 227 of the Constitution challenging a temporary injunction granted by the trial court in a suit filed by the respondents, Balchandra and another. The petitioner sought relief from the High Court, but the court noted that the appropriate remedy was a miscellaneous civil appeal under Order XLIII Rule 1(r) of the CPC. Since an alternative statutory remedy existed, the High Court held that the petition was not maintainable. Consequently, the petition was dismissed on the ground of the availability of an alternative remedy. The decision underscores the principle that a party must exhaust the specific appellate remedies provided by the CPC before approaching the High Court under Article 227.
Issues considered
- Whether a petition under Article 227 is maintainable when a specific remedy of a miscellaneous civil appeal under Order XLIII Rule 1(r) CPC is available.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order XLIII Rule 1(r)
Subjects
- Article 227
- Civil Procedure Code
- miscellaneous civil appeal
- temporary injunction
- alternative remedy
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 11870 of 2026
Smt. Meera
.....Petitioner(s)
Versus
Balchandra And Another
.....Respondent(s)
Counsel for Petitioner(s) : Muktesh Kumar Singh
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is defendant's petition. In the suit filed by plaintiffs-respondent, an
application for grant of temporary injunction was filed which has been
allowed by trial court.
2. Against the said order, the petitioner has remedy of filing a misc. civil
appeal under Order XLIII Rule 1(r) CPC.
3. In view of said fact, the petition is dismissed on the ground of
alternative remedy.
(Rohit Ranjan Agarwal,J.)
September 9, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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