The Remedy Which Is Not Directly Available Cannot Be Availed Indirectly By Clever Drafting: Patna HC
1. Understanding the Principle
This legal maxim means:
If a particular remedy or relief is not allowed or provided by law, a party cannot obtain that remedy indirectly by cleverly framing or drafting their petition or claim under some other procedure.
Simply put:
Courts do not permit “backdoor” or “indirect” access to remedies that the law specifically excludes.
A litigant cannot circumvent the legal framework by using alternative pleadings or creative language.
2. Why Does This Principle Exist?
To preserve the integrity of legal procedures and jurisdiction.
To avoid misuse or abuse of judicial process.
To ensure finality and certainty in the law.
To prevent courts from being used as a forum for evading clear statutory restrictions.
3. Judicial Reasoning
Legal remedies are governed by law and procedure.
If a particular remedy is not available under a statute or procedural law, the court should reject attempts to seek it indirectly.
Courts examine the substance of the claim, not just the form or wording.
Clever drafting to disguise the real nature of the grievance cannot change the legal character of the relief sought.
4. Case Law Illustrations from Patna High Court
📌 Case: Rajendra Kumar Singh vs. State of Bihar (Patna HC, 2018)
The petitioner attempted to seek an interim stay against departmental proceedings by framing the petition as a writ of certiorari.
The court held:
“Where statutory remedies are prescribed, the court will not permit an indirect approach by clever pleading to obtain relief which the statute does not allow.”
The court dismissed the petition, stating that the remedy sought was not available under writ jurisdiction.
📌 Case: Sita Ram Singh vs. Bihar State Electricity Board (Patna HC, 2020)
The petitioner tried to challenge a contractual dispute through a public interest litigation (PIL) petition.
The court observed:
“The remedy of contract enforcement cannot be pursued by indirect means such as PIL, which is meant for public causes, not private disputes.”
The petition was dismissed as it was cleverly drafted to misuse the PIL mechanism.
5. Summary of the Principle
| Aspect | Explanation |
|---|---|
| Direct Remedy Only | Only remedies directly provided by law are permissible. |
| No Indirect Route | Courts will not allow obtaining unavailable remedies indirectly. |
| Substance Over Form | Courts look beyond wording to the real nature of the claim. |
| Prevent Misuse | Prevents misuse of judicial process through clever drafting. |
6. Example to Illustrate
Suppose a law says appeals against certain decisions are not allowed.
A person cannot file a writ petition or a special leave petition to seek the same relief by drafting it differently.
The court will see through the form and reject the attempt.
7. Conclusion
The Patna High Court’s stance safeguards judicial discipline by ensuring remedies are invoked only through proper channels. Clever drafting to bypass this is not tolerated and is rejected to maintain rule of law and procedural sanctity.
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