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march 1996

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.

DURGA PRASAD vs NAVIN CHAND · Niyam