WRIT agnst. dismissal of 9/13 at trial court-maintainable?

CA SKSONI (Querist) 23 February 2010 This query is : Resolved
Ex parte digree given. CPC 9/13 applied. -> It was dismissed on on appearance -> CPC 9/9 filed aginst this dismissal -> 9/9 was rejected. The Agreived party went for WRIT in High Court. Whether Maintainable at High Court.?
In my opinion 9/9 is aginst dismissal of 9/8. Only Appeal is remedy. ?

Please suggest some supreme court judgements.?

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Parveen Kr. Aggarwal (Expert) 23 February 2010
Yes. Only appeal is the remedy available in such a case. Writ Petition is not maintainable.

prakash vathore (Expert) 24 February 2010
i do agree with parveen.

Guest (Expert) 25 February 2010
appeal under order 43 cpc.

Kumar Thadhani (Expert) 25 February 2010
File your appeal under the order section of 43of CPC.

Raj Kumar Makkad (Expert) 25 February 2010
Appeal

CA SKSONI (Querist) 25 February 2010
Thanks Experts,
May you quote some case laws.

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