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Allahabad High Court

CHHOTE LAL AHIRWARversusRAM CHARAN AND ANOTHER

Decided

Holding

The petition is dismissed because the order is appealable under Order XLIII Rule 1(d) CPC, providing an alternative remedy.

Summary

Chhote Lal Ahirwar filed a petition challenging an order, alleging it was not appealable. The Court examined whether the order fell within the ambit of an appealable order under Order XLIII Rule 1(d) of the Civil Procedure Code, 1908. It held that the order was indeed appealable under the said provision, thereby providing an alternative remedy. Consequently, the petition was dismissed on the ground that the aggrieved party should pursue the appeal instead of the writ petition. The judgment was delivered by Justice Rohit Ranjan Agarwal on 24 September 2026.

Issues considered

  • Whether the impugned order is appealable under Order XLIII Rule 1(d) of the Civil Procedure Code, 1908?

Legislation cited

Subjects

  • Civil Procedure Code
  • Order XLIII Rule 1(d)
  • Alternative Remedy
  • Appealability
  • High Court

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     MATTERS UNDER ARTICLE 227 No. - 13350 of 2026

                                    Chhote Lal Ahirwar
                                                                                                .....Petitioner(s)
                                                                        Versus

                                    Ram Charan And Another
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)               :    Dhirendra Bahadur Singh
                                    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(d) CPC.

                                    2. In view of said fact, the 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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