Court No. - 6
Case :- WRIT - C No. - 38555 of 2019 Petitioner :- Puran Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Mahabir Yadav Counsel for Respondent :- C.S.C.,Kaushal Kishore Mishra
Hon'ble Anjani Kumar Mishra,J.
Heard counsel for the petitioner as also counsel for caveator respondent no. 3.
The writ petition is being filed seeking following relief:
"Issue a writ, order or direction in the nature of CERTIORARI to quash the impugned Order dated 26-10-2019 passed by Respondent No. 2 in Suit NO. RST/01575/2018 and Computer Case No. T201801500601575 (Puran Vs. Radha Kishan) in proceedings Under Section 176 of U.P. Z.A. & L.R. Act by which the Restoration Application of the petitioner filed in the aforesaid case has been rejected on the basis of delay (ANNEXURE NO. 12 to this writ petition) and further be pleased to remand the matter back before respondent no. 2 for fresh disposal on merit after providing opportunity of hearing to parties"
From the perusal of the relief quoted above, it is clear that the petitioner has challenged the order passed by the Sub- Divisional Officer rejecting the application under Order IX Rule 13 CPC alleging the decree in the suit to be ex parte.
Against the order impugned the petitioner has statutory alternative remedy of appeal or revision which statutory alternative remedy has not been availed.
The writ petition therefore, is dismissed on the ground of availability of statutory alternative remedy which the petitioner, in case, so advised, may avail.
Order Date :- 28.11.2019 Nadeem Ahmad