RAJ SHRI AGARWAL Vs. SUDHEER MOHAN

JUDGEMENT

(1.) Leave granted.

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 25/4/2022 passed by the High Court of Judicature at Allahabad dismissing the writ petition preferred by the appellants, filed under Article 227 of the Constitution of India, challenging the order passed by the learned trial Court dismissing the application under Order 6 Rule 17 CPC, the original revisionist has preferred the present Appeal.

(3.) By the impugned judgment and order, the High Court has dismissed the writ petition, under Article 227 of the Constitution of India, observing that the writ petition, under Article 227 of the Constitution of India, is not maintainable as remedy by way of revision under Sec. 115 CPC is available to the appellants/plaintiffs. As observed by this Court in catena of decisions and even in the decisions considered by the High Court, the view taken by this Court is that where there is availability of remedy under Sec. 115 CPC normally "the petition under Article 227 of the Constitution of India would not lie". That does not mean that writ petition, under Article 227 of the Constitution of India, shall not be maintainable at all. There is a difference and distinction between the entertainability and maintainability. The remdedy under Article 227 of the Constitution of India available is a constitutional remedy under the Constitution of India which cannot be taken away. In a given case the Court may not exercise the power under Article 227 of the Constitution of India if the Court is of the opinion that the aggrieved party has another efficacious remedy available under the CPC. However, to say that the writ petition under Article 227 of the Constitution of India shall not be maintainable at all is not tenable.