A division bench of the Supreme Court comprising of Justice MR Shah and Krishna Murari held that the High court shall not dismiss a petition under Article 227 of the Constitution merely on is not maintainable as a remedy by way of revision under Section 115 CPC is available.

Plaintiffs have filed a Writ petition u/Article 227 of the Constitution challenging an order passed by the trial court on an application u/o VI Rule 17 of the Code of Civil Procedure. The writ petition filed by the High Court holding that the Writ Petition is not maintainable as a remedy by way of revision u/s 115 CRPC is available to the plaintiff.

Case Details:- 

CIVIL APPEAL NO. 7266 OF 2022 (Arising out of SLP (C) 14102/2022)

RAJ SHRI AGARWAL @ RAM SHRI AGARWAL AND ANR.

versus

SUDHEER MOHAN AND ORS