Allahabad High Court
SUSHIL KUMAR MALVIYA AND 8 OTHERSversusSHARDA PRASAD AND 6 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
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
- Code of Civil Procedure, 1908 — s. Order XLIII Rule 1(t), Order XLI Rule 19
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
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