Petition Under Article 227 Of Constitution Not to Be Entertained If Statutory Alternative Remedy by Way of Appeal Is Available: Supreme Court
[12 July 2022] The Supreme Court observed that a writ petition/Revision Petition under Article 227 of Constitution of India ought not to be entertained when a statutory alternative remedy by way of an appeal is available. The bench comprising Justices MR Shah and BV Nagarathna observed thus while allowing the appeal against the order of the High Court of Madras which, in exercise of powers under Article 227 of the Constitution of India, set aside the exparte judgment and decree passed by the Trial Court.
The bench noted that against the exparte judgment and decree, the remedy by way of an appeal before the First Appellate Court was available. Referring to Virudhunagar Hindu Nadargal Dharma Paribalana Sabai and Ors. Vs. Tuticorin Educational Society and Ors.; (2019) 9 SCC 538, the bench observed:
“Therefore, the High Court ought not to have entertained the revision application under Section 115 of CPC and under Article 227 of the Constitution of India. The High Court ought not to have entertained such a revision application challenging the exparte judgment and decree. Once there was a statutory alternative remedy by way of an appeal available to the defendants, the High Court ought not to have entertained a writ petition or revision application under Article 227 of the Constitution of India”