Created by Fuzzy Cloud

Allahabad High Court

SUSHIL KUMAR MALVIYA AND 8 OTHERSversusSHARDA PRASAD AND 6 OTHERS

Decided

Holding

The order dismissing the application is not interfered with, and the petition is disposed of, allowing the petitioners to avail the alternative remedy.

Summary

The petitioners filed a petition under Article 227 challenging the dismissal of their application filed under Order XLI Rule 19 of the Code of Civil Procedure. The respondents raised a preliminary objection that the order was appealable under Order XLIII Rule 1(t) of the CPC. The Court examined whether the order could be appealed and considered the availability of an alternative remedy for the petitioners. Finding that the petitioners had an alternative remedy, the Court declined to interfere with the order. Consequently, the petition was disposed of, with liberty granted to the petitioners to pursue the remedy available under law. The certified copies of the annexed documents were ordered to be returned to the petitioners' counsel after retaining a photocopy on record.

Issues considered

  • Whether the order dismissing the application under Order XLI Rule 19 of the CPC is appealable under Order XLIII Rule 1(t) of the CPC
  • Whether the petition should be entertained in view of the availability of an alternative remedy

Legislation cited

Subjects

  • appealability
  • CPC
  • Order XLI
  • Order XLIII
  • preliminary objection
  • alternative remedy
  • Article 227

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 3458 of 2026

                                    Sushil Kumar Malviya And 8 Others
                                                                                               .....Petitioner(s)
                                                                       Versus

                                    Sharda Prasad And 6 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)                    :     Sabhajeet Yadav
                                    Counsel for Respondent(s)                    :


                                    Court No. - 5
                                                      HON'BLE MANISH KUMAR NIGAM, J.

                                    1. Vakalatnama filed by Sri V.K. Shukla and Sri V.K. Baranwal, learned
                                    counsel appearing for respondent No. 1, is taken on record.

                                    2. This petition has been filed challenging an order dismissing the
                                    application filed by the petitioners under Order XLI Rule 19 of C.P.C.

                                    3. A preliminary objection has been raised by counsel for the respondent
                                    that order is appealable under Order XLIII Rule 1(t) of C.P.C.


                                    4. In view of availability of alternative remedy, I am not inclined to
                                    interfere in the matter.


                                    5. The petition is disposed of with liberty to the petitioners to avail the
                                    remedy as available to them under law.


                                    6. Office is directed to return the certified copies of the documents
                                    annexed with the petition to learned counsel for the petitioners after
                                    retaining photocopy of the same on record.



                                                                                     (Manish Kumar Nigam,J.)
                                    March 19, 2026
                                    Nitika Sri.




Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.