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Allahabad High Court

RAM KISHUNversusSITAPATI

Decided

Holding

The petition is dismissed because the petitioner has an alternative remedy despite the order being appealable under Order XLIII Rule 1(r).

Summary

The petition filed by Ram Kishun challenged an order that was deemed appealable under Order XLIII Rule 1(r) of the Civil Procedure Code. The petitioner, represented by counsel Awadhesh Kumar Yadav, sought relief from the High Court of Judicature at Allahabad. The Court examined whether the order could be appealed and whether an alternative remedy was available to the petitioner. It held that the order was indeed appealable under the specified CPC provision. However, the Court found that the petitioner had an alternative remedy and therefore dismissed the petition. The judgment was delivered by Justice Rohit Ranjan Agarwal on September 24, 2026.

Issues considered

  • Whether the order impugned is appealable under Order XLIII Rule 1(r) of the Civil Procedure Code
  • Whether the petitioner has an alternative remedy that bars the petition

Legislation cited

Subjects

  • Article 227
  • Civil Procedure Code
  • appealability
  • alternative remedy
  • High Court of Allahabad

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     MATTERS UNDER ARTICLE 227 No. - 13348 of 2026

                                    Ram Kishun
                                                                                               .....Petitioner(s)
                                                                        Versus

                                    Sitapati
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)                :   Awadhesh Kumar Yadav
                                    Counsel for Respondent(s)                :


                                    Court No. - 9
                                                       HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. The order impugned is an appealable order under Order XLIII Rule 1(r)
                                    CPC.

                                    2. In view of said fact, petition is dismissed on the ground of alternative
                                    remedy.



                                                                                    (Rohit Ranjan Agarwal,J.)
                                    September 24, 2026
                                    (V. S. SINGH)




Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad


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