https://www.taxtmi.com/caselaws?id=448852 A Civil Revision Petition under Section 115 CPC was not maintainable where an express appellate remedy existed against the order dismissing the application for condonation of delay in an Order IX Rule 13 CPC proceeding. An order rejecting relief under Order IX Rule 13 is appealable under Order XLIII Rule 1(d), and the concurrent remedy under Order IX Rule 13 and Section 96(2) does not permit revision when appeal lies. As the challenge was to refusal of condonation of delay and the consequent refusal to set aside the ex parte decree, the proper remedy was an appeal. The High Court's order was set aside, with liberty to pursue the appeal. en-us Fri, 01 Dec 2023 00:00:00 +0530 Wed, 31 Jan 2024 20:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=448852 A Civil Revision Petition under Section 115 CPC was not maintainable where an express appellate remedy existed against the order dismissing the application for condonation of delay in an Order IX Rule 13 CPC proceeding. An order rejecting relief under Order IX Rule 13 is appealable under Order XLIII Rule 1(d), and the concurrent remedy under Order IX Rule 13 and Section 96(2) does not permit revision when appeal lies. As the challenge was to refusal of condonation of delay and the consequent refusal to set aside the ex parte decree, the proper remedy was an appeal. The High Court's order was set aside, with liberty to pursue the appeal. Case-Laws Indian Laws Fri, 01 Dec 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=448852