Courts Must Not Deny Party's Statutory Remedies As A Matter Of Policy: Jammu & Kashmir High Court

While dismissing an appeal with cost and upholding the trial court order granting a recall Application, the Jammu, Kashmir & Ladakh High Court observed that when there is a statutory remedy available to a litigant, there is no dispute about a court granting liberty to avail such remedy as it remains open to the party to work out his remedies under the law. reported as 2006 SCC 699, relied on by the trial court which held 'that the High Court had rightly permitted recall of the withdrawal order, as when through the mistake misrepresentation/subterfuge by the defendants plaintiffs had withdrawn the suit, the court would not be powerless to set aside the order in exercise of its powers under Section 151 of CPC.' It also said that 'It is the fact that the trial court had not passed a decree on the basis of the outside court settlement, as such, the respondents were left with no statutory remedy either to file an appeal or assail the same by any other mode and were rendered without any remedy. High court finding the petition without any merit dismissed the same with 10,000/ cost to be paid by Petitioner to the answering Respondents condition precedent to defend their suit before the trial court.