Case Title: Mohamed Ali v. V. Jaya
The Supreme Court stated that when a statutory alternative remedy in the form of an appeal is available, a writ petition/Revision Petition under Article 227 of the Indian Constitution should not be heard. The observation was made by Justices MR Shah and BV Nagarathna.
The appellant argued before the Apex Court that the High Court erred in considering the revision petition under Article 227 of the Indian Constitution and in using its discretion to set aside the judgement and decree when a statutory appeal against the Trial Court's ruling was available. The respondents-defendants argued that there were legal avenues for challenging the judicial orders, including Article 227, statutory appeal, and modification.
The bench stated that there was an appeal route open to the First Appellate Court for relief from the ex parte judgement and decree. The bench made the following observation with reference to Virudhunagar Hindu Nadargal Dharma Paribalana Sabai and Ors. V. Tuticorin Educational Society and Ors.
"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 ex-parte 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 ex-parte 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."
The Court concluded that, "In view of the above and for the reasons stated above, the present Appeals succeed. The impugned common judgment and order dated 19.11.2021 passed by the High Court in Civil Revision Petition (NPD) No. 1054/2021 and Civil Revision Petition (PD) No. 1301/2021, is hereby quashed and set aside."