ANIL KUMAR (TRIPATHI) v. SMT. PREM LATA TIWARI AND 2 OTHERS
A227/500/2023 · 2025-09-03
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5864 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5864 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 500 of 2023 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. Sri Sanjay Kumar Dubey, counsel for the respondents states that he does not want to file a counter affidavit, therefore, the matter is being heard finally.
3. This petition has been filed challenging the order dated 19.10.2016 passed by the trial court rejecting the plaint in exercise of powers under Order VII Rule 11 of C.P.C. The petitioner preferred an appeal and the same has also been dismissed.
4. Since an order rejecting the plaint is a decree, the petitioner has alternative remedy of filing a second appeal and in view of alternative remedy available to the petitioner, I am not inclined to interfere in the matter.
5. Present writ petition stands disposed of with liberty to the petitioner to avail the remedy of second appeal as provided under the statute.
6. Office is directed to return the certified copies of the Versus Counsel for Petitioner(s) : Jitendra Pratap Singh Counsel for Respondent(s) : Kunwar Aditya Pratap Singh, Sadhu Sharan, Sanjay Kumar Dubey Anil Kumar (Tripathi) .....Petitioner(s) Smt. Prem Lata Tiwari And 2 Others .....Respondent(s)
documents annexed with the petition to learned counsel for the petitioner after retaining photocopy of the same on record.
September 4, 2025 Nitika Sri. A227 No. 500 of 2023 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad