Allahabad High Court
JAGJEET KAURversusHRITIK KUMAR SINGHAL AND 2 OTHERS
- Decided
- Bench
- KSHITIJ SHAILENDRA
Holding
The petition under Article 227 is dismissed because the order is revisable under Section 115 of the CPC and the appropriate remedy is a revision.
Summary
The petitioner, Jagjeet Kaur, filed a petition under Article 227 challenging a High Court order dated 10 February 2026 that rejected his application under Order VII Rule 11 of the CPC. The petitioner sought to have the order set aside, which would effectively lead to the rejection of the plaint. The Court examined whether such an order is revisable under Section 115 of the Code of Civil Procedure and whether the petitioner had a direct remedy under Article 227. It held that the order is indeed revisable under Section 115 and that the appropriate remedy is a revision petition, not a direct Article 227 petition. Consequently, the petition was disposed of, and the petitioner was directed to file a revision and serve a copy on the respondent.
Issues considered
- Whether the order rejecting an application under Order VII Rule 11 CPC is revisable under Section 115 of the CPC.
- Whether a petition under Article 227 is maintainable when an alternative remedy of revision is available.
Legislation cited
- Code of Civil Procedure — s. 115
- Constitution of India — s. Article 227
Subjects
- Article 227
- Revision
- CPC
- Order VII Rule 11
- Section 115
- High Court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5379 of 2026
Jagjeet Kaur
.....Petitioner(s)
Versus
Hritik Kumar Singhal And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Saurabh Basu
Counsel for Respondent(s) : Aditya Bhushan Singhal
Court No. - 5
HON'BLE KSHITIJ SHAILENDRA, J.
1. Heard Sri Saurabh Basu, learned counsel for the petitioner and Sri Aditya
Bhushan Singhal appearing for respondent no.2.
2. The petitioner has directly challenged the order dated 10.2.2026 rejecting
his application under Order VII Rule 11 C.P.C. by means of petition under
Article 227 of the Constitution of India.
3. In view of the nature of relief claimed in the application which, if granted,
would result in rejection of plaint, the order is revisable under Section 115 of
Code of Civil Procedure as amended in the State of U.P..
4. This petition is disposed of on the ground of availability of alternative
remedy of filing a revision.
5. Certified copy of the impugned order may be returned to the counsel for
the petitioner within a period of one week from today after retaining its
photostat copy on record.
6. Whenever a revision is filed, its copy shall be served upon Sri Aditya
Bhushan Singhal by counsel for the petitioner/revisionist.
(Kshitij Shailendra,J.)
April 23, 2026
Kumar Manish
Digitally signed by :-
MANISH TRIPATHI
High Court of Judicature at Allahabad
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