Supreme Court of India · 1991-09-17
GHAN SHYAM DAS GUPTA AND ANR. vs ANANT KUMAR SINHA AND ORS.
- Citation / case number
- SC 1991/80292
- Court
- Supreme Court of India
- Petitioner
- GHAN SHYAM DAS GUPTA AND ANR.
- Respondent
- ANANT KUMAR SINHA AND ORS.
- Author
- L.M. SHARMA
- Bench
- L.M. SHARMA
Judgment text excerpt
The Supreme Court ruled that the High Court erred in allowing a writ petition under Article 226 of the Constitution, which challenged an eviction decree without the petitioners being parties to the original suit. The Court emphasized that the appropriate remedy for aggrieved parties lies in a regular civil suit, as per the provisions of Order XXI Rules 97 to 106 of the Code of Civil Procedure. The Court held that the High Court should not have exercised its writ jurisdiction when an alternative remedy was available, thereby reversing the High Court's decision.