ARAVIND KUMAR, N. V. ANJARIA
P. Suresh – Appellant
Versus
D. Kalaivani – Respondent
Certainly. Based on the provided legal document, here are the key points:
The Supreme Court of India addressed whether a High Court can exercise its powers of superintendence under Article 227 of the Constitution to strike off a plaint when a specific remedial provision under the Civil Procedure Code (CPC), such as Order VII Rule 11, is available for rejecting a plaint (!) (!) .
The case involved an appeal by the original plaintiff against a High Court order that allowed a Civil Revision Petition and struck off the plaint, primarily on the grounds of alleged fraud and forged documents, which the High Court found to be established and thus exercised its supervisory jurisdiction under Article 227 (!) (!) .
The Court emphasized that the supervisory powers under Article 227 are extraordinary, supervisory, and discretionary, meant to be exercised sparingly and only when necessary to prevent miscarriage of justice, not as a routine measure (!) (!) (!) .
It was highlighted that the existence of specific statutory provisions, such as Order VII Rule 11, CPC, for rejection of a plaint, provides a complete and efficacious remedy, which the High Court should have utilized instead of invoking its supervisory jurisdiction under Article 227 (!) (!) (!) .
The Court clarified that supervisory jurisdiction cannot be used to substitute or bypass statutory remedies, especially when the legal grounds for rejection are well-defined within the CPC (!) (!) .
The Court noted that the High Court erred in relying on Order VI Rule 16, CPC, which pertains to striking out parts of pleadings, to justify striking off an entire plaint, as this provision is not intended for such purpose (!) (!) .
The principle was reaffirmed that when an alternative remedy under the CPC exists, the High Court should refrain from exercising its supervisory powers under Article 227 to interfere with the original proceedings unless exceptional circumstances justify it (!) (!) .
Consequently, the Supreme Court set aside the impugned order of the High Court, restored the suit to its original position, and directed the parties to proceed with the trial before the appropriate court, with liberty for the defendant to file an application under Order VII Rule 11, CPC, if desired (!) (!) .
Overall, the judgment underscores the importance of respecting statutory remedies and exercising supervisory jurisdiction with restraint and only in exceptional cases to uphold the rule of law and judicial discipline (!) (!) (!) .
Please let me know if you need further elaboration or specific legal advice based on this case.
JUDGMENT :
N.V. ANJARIA, J.
Leave granted.
2. Could the High Court entertain an application invoking and exercising its powers of superintendence under Article 227 of the Constitution, even where a specific remedial provision available in the Code of Civil Procedure Code, 1908 (hereinafter referred to as ‘CPC’) relating to the subject matter – issue is the focal point arising to be addressed in the present appeal.
2.1 What is challenged in this appeal at the instance of the appellant - original plaintiff, is the judgment and order passed by the High Court of Madras dated 03.06.2025 in CRP No. 3197 of 2024 and CMP No. 17106 of 2024, which were the proceedings of the Civil Revision Petition filed by the defendant under Article 227 of the Constitution, whereby, the High Court allowed the Revision Petition and struck off the plaint in Original Suit No. 93 of 2020 before the Court of District Munsif, Tambaram.
3. Outlining the facts would be relevant to notice the case pleaded in the plaint. The suit instituted by the appellant-plaintiff before the District Munsif Court, Tambaram was for the relief of permanent injunction against the defendants and their agents from interfering with the poss
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