Surya Dev Rai Versus Ram Chander Rai & Ors. 2003 (6) SCC 675 Constitutional Law—Revisional Jurisdiction— Constitution of India —Articles 226 & 227— Civil Procedure Code —Section 115—Appellant filed suit for permanent preventive injunction based on his title and possession over suit property—Appellant sought for relief of interim injunction—Prayer rejected by Trial Court and Appellate Court—Appellant filed revisional petition before High Court under Article 226—High Court dismissed petition as not maintainable opining Appellant sought relief against private Respondents —Whether, amendment in Section 115 of C.P.C. have any impact on jurisdiction of High Court under Articles 226 and 227—Held, orders and proceedings of judicial court subordinate to High Court are amenable to writ jurisdiction of High Court under Article 226—Proceedings under Article 226 are in exercise of original jurisdiction of High Court while proceedings under Article 227 are supervisory—When order of Civil Court suffers from patent error of law and causes manifest injustice to party aggrieved then same could be subjected to Writ of Certiorai—Writ of Certiorari directed against act or order of subordinate Court and could be issued even if lis between two private parties—Amendment of Section 115 does not affect jurisdiction of High Court under Article 226 and 227—Interlocutory orders, passed by subordinate courts subject to Certiorari and supervisory jurisdiction of High Court—Curtailment of revisional jurisdiction of High Court could not take away constitutional jurisdiction of High Court to issue Writ of Certiorari to civil court conferred under Article 227—Revisional power exists—Appeal allowed.
Posted on: Thu, 25 Jul 2013 12:18:50 +0000
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