Supreme Court of India · 1996-03-11
DURGA PRASAD vs NAVIN CHAND
- Citation / case number
- SC 1996/77830
- Court
- Supreme Court of India
- Petitioner
- DURGA PRASAD
- Respondent
- NAVIN CHAND
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that the appellant's writ petition under Article 226 was not maintainable as the appropriate remedies under the Code of Civil Procedure (CPC) were available, specifically under Section 96, Order 43 read with Section 104, or Section 115. The Court clarified that the impugned order was not appealable, but a revision could be considered by the High Court. Consequently, the appeal was dismissed, allowing the appellant to pursue the remedies available under the CPC.