Supreme Court · 1996 INSC 356 · Decided 11 March 1996

Durga Prasad v. Naveen Chandra and ORS.

Court
Supreme Court of India
Citation
1996 INSC 356 · [1996] 3 S.C.R. 209
Case number
CIVIL APPEAL No. 4497/1996
Decided
11 March 1996
Bench
K. RAMASWAMY, G.B. PATTANAIK (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 96, 104, 115; Constitution

Headnote

Constitution of India, 1950 : Ariicle 226. Writ jurisdiction-Cannot be invoked for by-passing the procedure prescribed under Code of Civil Procedure, 1908. Code of Civil Procedure, 1908 : Sections 96, 104 and 115--0rder 43 Rule 1--0rder 9 Rule I3. A B c Suit-Decree-Application under Order 9 Rule ob- D jection-Writ against order-Maintainability of-Held impugned order was ·t not appealable either under Section 96 or under Order 43 Rule 1 read with Section 104-But revision under section 115 was maintainable-Invoking writ jurisdiction instead of filing revision held not proper-Held

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