R. H. Zaidi, J. - (1.) -By means of this petition, petitioner prays for a writ, order or direction in the nature of certiorari to quash the proceedings of Civil Suit No. 928 of 1995 pending in the court of Civil Judge (Senior Division) Meerut and the injunction order dated 26.9.1995.
(2.) IT has been contended that the: suit filed by the respondent was barred by Section 69 of U. P. State Universities. Act, 1973 and that learned Civil Judge had no jurisdiction to entertain the same. The said suit was legally not maintainable and the injunction order was also liable to be quashed. Learned standing counsel appearing for the other side urged that this writ petition is legally not maintainable and is liable to be dismissed on the ground of availability of alternative remedy. He further submitted that the order granting ad interim injunction is appealable under Order XLIII, Rule 1, C.P.C. and in the event the suit is said to be barred by Section 69 of U. P. State Universities Act, 1973, the petitioner has got alternative remedy under Order VII, Rule 11, C.P.C. He can make application for rejection of the plaint before the trial court. Therefore, the present petition deserves to be dismissed on the ground of availability of alternative remedy. I have considered the rival submissions made by the parties. In my opinion, the present petition is liable to be dismissed on the ground of alternative remedy. Petitioner may apply for vacation of interim order before trial court. The order granting injunction is appealable under Order XLIII, Rule 1, C.P.C. Therefore, the validity of the said order may also be challenged in appeal. The petitioner can also make application for rejection of the plaint and if it is found that the suit filed by the respondent is actually barred by Section 69 of U. P. State Universities Act, 1973, the plaint will be rejected by the trial court.
(3.) IN view of aforesaid discussions, the writ petition is liable to be dismissed and is hereby dismissed on the ground of availability of efficacious alternative remedy as stated above in limine. A certified copy of this order shall be given to the learned counsel for the parties on the payment of usual charges within 48 hours from today.;