Writ Petition

Querist : Anonymous (Querist) 22 May 2010 This query is : Resolved
Que.1.Can a Writ Petition be filed in High Court against Suit Dismissed for Default?

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Virender Pankaj (Expert) 22 May 2010
If the suit is dismissed under rule 2 or rule 3 of order 9 of C.P.C an application under order 9 rule 4 may be filed by the Plaintiff.
If the suit is dismissed under rule 8 of order 9 of C.P.C an application under order 9 rule 9 may be filed by the Plaintiff.
If the application under order 9 rule 4 is dismissed, Revision or writ can be filed.
If the application under order 9 rule 9 is dismissed, appeal shall lie.

Devajyoti Barman (Expert) 22 May 2010
The principle governing the writ jurisdiction is that writ can not issued if there is no alternative efficacious remedy available.. In this circumstances broadly the application u/o9 r9 lies.

Guest (Expert) 22 May 2010
AS YOU HAVE ALTERNATE REMEDY AVAILABLE ,YOU SHOULD NOT FILE WRIT.FIRST FILE REVISION/APPEAL TO THE APPELLATE COURT AS ALREADY SUGGESTED BY EXPERTS YOU WILL SUCCEED
THANKS

Uma parameswaran (Expert) 22 May 2010
I am also supporting the above suggestions.

G. ARAVINTHAN (Expert) 28 May 2010
when there is a proviso in law to restore the suit , question of filing writ not arise.

Writ petition is maintainable only if there is not alternative remedy

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