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2003 Supreme(SC) 731

R.C.LAHOTI, ASHOK BHAN
Surya Dev Rai – Appellant
Versus
Ram Chander Rai – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The amendment to Section 115 of the Civil Procedure Code (CPC) by Act No. 46 of 1999, effective from July 1, 2002, does not affect the jurisdiction of the High Court under Articles 226 and 227 of the Constitution of India. The constitutional powers to issue writs and exercise superintendence remain intact (!) (!) .

  2. Orders passed by subordinate courts that are now outside the scope of revision under Section 115 CPC are still challengeable through the High Court’s writ jurisdiction (certiorari) and supervisory powers. These remedies are available to correct gross errors of jurisdiction or grave injustices (!) (!) .

  3. The writ of certiorari is primarily used to correct errors of jurisdiction, such as acting without jurisdiction, exceeding jurisdiction, or violating principles of natural justice, leading to failure of justice. It is not an appellate remedy and cannot be used to re-evaluate or re-appreciate evidence or substitute the decision of the lower court (!) (!) (!) .

  4. The supervisory jurisdiction under Article 227 of the Constitution is broader and aims to ensure subordinate courts act within their legal bounds. It can be invoked to prevent a subordinate court from assuming jurisdiction it does not have, or to correct its failure to exercise jurisdiction, or to prevent abuse of jurisdiction that causes grave injustice (!) .

  5. Both certiorari and supervisory jurisdiction should be exercised sparingly and only in appropriate cases, especially where errors are patent or manifest, and where correction cannot be deferred until the conclusion of proceedings or appeal. The courts are cautious to avoid unnecessary interference that could delay justice (!) (!) .

  6. The High Court’s power under Articles 226 and 227 is not limited by the CPC amendments. The scope of these powers remains wide, allowing the courts to issue writs or exercise superintendence to prevent miscarriage of justice, even during ongoing proceedings (!) (!) .

  7. The distinction between the two jurisdictions (certiorari and supervisory) has practically blurred, with both being exercised in similar manners. However, the key difference lies in their nature: certiorari is an original, supervisory remedy to quash illegal acts or orders, while supervisory jurisdiction can include giving directions or even substituting orders in exceptional cases (!) (!) .

  8. The courts emphasize that the exercise of these extraordinary jurisdictional powers must be guided by judicial conscience, practical wisdom, and the facts of each case. They are discretionary and should be invoked only to prevent grave injustice or gross jurisdictional errors (!) (!) .

  9. The amendments to Section 115 CPC do not deprive the High Court of its constitutional powers under Articles 226 and 227. These constitutional remedies remain a vital part of the judicial review process and are available to ensure justice (!) (!) .

  10. In summary, despite legislative changes, the constitutional powers of the High Court to issue writs and exercise superintendence are preserved and continue to serve as essential tools for safeguarding the rule of law and preventing injustice in judicial proceedings (!) (!) .

Please let me know if you need further clarification or specific legal advice based on these points.


JUDGMENT

R.C. Lahoti, J.-Leave granted.

2. The appellant filed a suit, for issuance of permanent preventive injunction based on his title and possession over the suit property which is a piece of agricultural land, in the Court of Civil Judge. He also sought for relief, by way of ad interim injunction under Order XXXIX Rules 1 and 2 of the C.P.C. The prayer was rejected by the trial court as also by the appellate court. Feeling aggrieved thereby the appellant filed a petition (C.M.W.P. No. 20038 of 2002) in the High Court labeling it as one under Article 226 of the Constitution. The High Court has summarily dismissed the petition forming an opinion that the petition was not maintainable as the appellant was seeking interim injunction against private respondents. Reference is made in the impugned order to a Full Bench decision of Allahabad High Court in Ganga Saran vs. Civil Judge, Hapur, Ghaziabad & Ors. (1991) Allahabad Law Journal 159. Earlier the remedy of final civil revision under Section 115 of the C.P.C. could have been availed of by the appellant herein but that remedy is not available to the appellant because of the amendment made in Section 115 of the C.P.C. by Amendment Ac












































































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