Petition under Article 227 against
the exparte decree cannot be entertained in view of a specific remedy of
appeal provided under the CPC
Mohamed Ali vs. V. Jaya & Ors. [Civil Appeal No. 4113 of 2022]
RELEVANT PARAGRAPH
7.1. Applying the law laid down by this Court in the aforesaid decision to the facts of the case on hand, the High Court ought not to have entertained the revision petition under Article 227 of the Constitution of India against the exparte judgment and decree passed by the learned Trial Court in view of a specific remedy of appeal as provided under the Code of Civil Procedure itself. Therefore, the High Court has committed a grave error in entertaining the revision petition under Article 227 challenging the exparte judgment and decree passed by the learned Trial Court and in quashing and setting aside the same in exercise of powers under Article 227 of the Constitution of India.
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