Allahabad High Court
CHHOTE LAL AHIRWARversusRAM CHARAN AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
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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