Allahabad High Court
SMT. SWARNLATA JAIN AND 3 OTHERSversusSANDEEP GODHA AND 2 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The order is appealable under Order 43 Rule 1(t) CPC, but the High Court will not interfere and disposes the petition.
Summary
The petitioners filed a writ under Article 227 challenging the appellate court’s order that rejected their application filed under Order 41 Rule 19 of the Civil Procedure Code. The High Court examined whether that order was appealable and whether it warranted interference. It held that the order is indeed appealable under Order 43 Rule 1(t) of the CPC, but the court was not inclined to interfere with the appellate court’s decision. Consequently, the writ petition was disposed of, with the petitioners directed to pursue any further remedy available under law. The certified copy of the orders was to be returned to counsel after retaining a xerox copy on record.
Issues considered
- Whether the order of the appellate court rejecting the application under Order 41 Rule 19 CPC is appealable under Order 43 Rule 1(t) CPC
- Whether the High Court should interfere with the appellate court’s order in the writ petition under Article 227
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 41 Rule 19, Order 43 Rule 1(t)
Subjects
- Article 227
- Order 41 Rule 19
- Order 43 Rule 1(t)
- appealability
- writ petition
- Civil Procedure Code
- High Court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3410 of 2026
Smt. Swarnlata Jain And 3 Others
.....Petitioner(s)
Versus
Sandeep Godha And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Pathak
Counsel for Respondent(s) : Madhav Jain
Court No. - 5
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. This petition has been filed against the order passed by the Appellate
Court rejecting the application filed by the petitioner under Order 41 Rule
19 CPC.
3. The order impugned is appealable under Order 43 Rule 1(t) CPC.
4. In view of the same, I am not inclined to interfere with the matter.
5. Accordingly, the writ petition stands disposed of with liberty to the
petitioners to avail the remedy, as available to them, under the law.
6. Certified copy of the orders, if any, be returned to learned counsel for
the petitioners after retaining xerox copy of the same on record.
(Manish Kumar Nigam,J.)
March 18, 2026
Rishabh
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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