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PAMIDIGHANTAM SRI NARASIMHA, JOYMALYA BAGCHI
K. Valarmathi – Appellant
Versus
Kumaresan – Respondent
JUDGMENT :
JOYMALYA BAGCHI, J.
1. Leave granted.
2. Can the High Court in exercise of its supervisory jurisdiction under Article 227 reject a plaint?
3. Short factual compass giving rise to the issue is as follows: Appellants are the legal heirs i.e. wife and daughters of one Kathiresan (since deceased). Kathiresan purchased the nanja suit land from his own funds in the name of the respondent i.e. his nephew. He had done so on astrological advice. During his lifetime, Kathiresan was in possession of the suit land and thereafter appellants claim to be in possession of the said land. After the death of Kathiresan, disputes broke out between the appellants on one hand and sisters of Kathiresan on the other, in respect of ownership of the suit land and other businesses. The respondent, who is the son of one of the sisters of late Kathiresan, initiated negotiations for sale of the suit land. This prompted the appellants to file O.S. No. 1087 of 20181 [Hereinafter ‘the present suit’] seeking a declaration regarding title and consequential injunction against the respondent from encumbering the suit land. Other lands purchased by Kathiresan from his own funds in the name/joint name with other
(1) Striking out pleadings and rejection of plaint – Once specific provision under Order VII Rule 11 of CPC, is available, High Court cannot exercise powers under Article 227 to reject or strike off ....
Amendment of plaint - Judicial orders of civil court are not amenable to writ jurisdiction under Article 226 of the Constitution.
The High Court's supervisory jurisdiction under Article 227 is limited to ensuring inferior courts act within their parameters, not correcting errors of law or fact.
Point of Law : Suit for declaration and injunction – Gran of interim relief – Judicial orders of civil court are not amenable to writ jurisdiction under Article 226 of the Constitution.
The jurisdiction of the High Court under Article 227 is limited to ensuring no grave dereliction of duty occurs, not re-evaluating evidence or substituting the lower court's conclusions.
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