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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