Article 227 is ordinarily unavailable where a statutory appeal lies, and a writ may be converted into a first appeal in justice.

Where a decree in a summary suit is appealable under Section 96 CPC, supervisory jurisdiction under Article 227 is ordinarily not the proper remedy, and the challenge should be pursued through the statutory appeal with objections to refusal of leave to defend raised there. The Court also recognised that, in the interests of justice, a writ petition may be treated as a first appeal where the impugned order is unreasoned and the appellate record can be completed, leaving all substantive contentions open. The proceedings were accordingly converted into a first appeal and the matter remitted for appellate adjudication.

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Issues: (i) Whether a petition under Article 227 was maintainable when an appeal lay against the decree passed in the summary suit. (ii) Whether the writ petition could be converted into a first appeal in the interests of justice.

Issue (i): Whether a petition under Article 227 was maintainable when an appeal lay against the decree passed in the summary suit.

Analysis: A decree passed after refusal of leave to defend in a summary suit is appealable under Section 96 of the Code of Civil Procedure, 1908. Ordinarily, where an appeal lies, supervisory jurisdiction under Article 227 is not to be invoked. The refusal of leave to defend, the consequent decree, and the availability of remedies under Order XXXVII and Section 105(1) show that the proper course is ordinarily by appeal against the decree, with challenge to the leave order raised therein.

Conclusion: The challenge under Article 227 was not the proper remedy against the decree, and the matter was required to be dealt with as an appealable dispute.

Issue (ii): Whether the writ petition could be converted into a first appeal in the interests of justice.

Analysis: Since the impugned order itself did not contain reasons and the respondents had already deposited part of the amount directed, the Court found that the interests of justice would be served by treating the matter as an appeal. The Court also noted that the decree and the certified copy could be placed on record, and that all contentions of the parties should remain open in the appeal.

Conclusion: The writ petition was directed to be converted into a first appeal.

Final Conclusion: The impugned judgment was set aside and the proceedings were converted into a first appeal, leaving all substantive contentions open for adjudication in the appellate forum.

Ratio Decidendi: Where a decree in a summary suit is appealable, supervisory jurisdiction under Article 227 is ordinarily not to be used, and the proper course is to pursue the statutory appeal or seek conversion into the appropriate appellate remedy in the interests of justice.

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