(Mohamad Rasool v. Aksarbi
Case at a glance
- Decided
- 05 Oct 2009
- Bench
- B R GAVAI
Provisions considered
- Code of Civil Procedure, 1908 s. 96
- Constitution of India art. 227
- Limitation Act, 1963 s. 14
Judgment
.............................................................................. Mr. M.P. Gude, Advocate, for the petitioner. .............................................................................. CORAM : B.R. GAVAI, J. DATE : 5TH OCTOBER 2009
The order impugned is appealable under Section 96 of the Code of Civil Procedure, 1908.
In that view of the matter, I am not inclined to entertain the present petition in exercise of extraordinary jurisdiction under Article 227 of the Constitution of India. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders
The petition is, therefore, dismissed on the ground of availability of an alternate remedy. However, in the event, the petitioner prefers an appeal against the order impugned herein, the petitioner shall be entitled to benefit under Section 14 of the Limitation Act, 1963, for the period during which he was prosecuting the present petition. ( B.R. GAVAI ) JUDGE bgp/wp5444
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 96; Constitution of India — art. 227; Limitation Act, 1963 — s. 14.
Which court decided this case, and when?
Bombay High Court, on 05 Oct 2009. The bench was B R GAVAI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.