Family Court’s Order Dismissing Order IX Rule 9 CPC Application for Restoration of Suit Is Appealable; Original Petition Not Maintainable: Kerala High Court

The Kerala High Court recently dismissed an Original Petition that challenged a Family Court’s order rejecting a restoration application. The Division Bench comprising Justice Devan Ramachandran and Justice Snehalatha M.B. held that when a specific statutory remedy of appeal is available under Order 43 of the Code of Civil Procedure (CPC), a petitioner cannot directly approach the High Court under Article 226 of the Constitution of India. Background of the…