IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, J.
CWJC No.7276 of 2015
(18.12.2024)
Sunaina Devi & Ors. ... Petitioners
vs.
Om Krishna Prasad Sinha & Ors. ... Respondents
Constitution of India – Articles 226 & 227 read with Code of Civil Procedure, 1908 – Order I, Rule 10 – Writ petition against the interlocutory order passed under Order I Rule 10 in a suit – In view of the order laid down by the Hon'ble Supreme Court reported in (2015) 5 SCC 423 and by the Hon'ble D.B. of Patna High Court vide judgment dated 13.5.10 in C.R. No. 1067/2009, interlocutory orders are not amenable to writ jurisdiction under Article 226 of the Constitution – However, a Civil Miscellaneous Application would be maintainable under Rule 6 of Chapter IIIA of the Patna High Court Rules – Petitioners given liberty to convert the present writ petition as Civil Miscellaneous Application within 4 weeks. (Paras 1 to 5)
Mohit Kumar Shah, J.—The present writ petition has been filed seeking the following relief(s):—
“1.That, this writ application is for quashing the order dated 16.7.2014 passed by learned Sub Judge, III, Hajipur, in Title Suit No. 106 of 1987 as contained in Annexure 2 by which the application filed under Order 1, Rule 10 (2) of the Code of Civil Procedure for deleting the names of Defendant No. 4 to 8 from the Plaint has been rejected.”
2. The learned counsel for the parties have pointed out, at the outset, that earlier writ petitions were being filed against the interlocutory orders (such orders which have not finally decided the suits or proceedings in favour of the parties and the suits or such proceedings have not stood disposed off), in view of the law laid down by the learned Division Bench of this Court in a judgment dated 13.05.2010, passed in C.R. no. 1067 of 2009 (Durga Devi vs. Vijay Kumar Poddar & Ors.), however, subsequently, the Hon’ble Apex Court, by a judgment rendered in the case of Radhey Shyam and Another vs. Chhabi Nath and Others, reported in (2015) 5 SCC 423, has held that judicial orders of the Civil Court are not amenable to writ jurisdiction under Article 226 of the Constitution of India and the jurisdiction under Article 227 of the Constitution of India is distinct from the jurisdiction under Article 226 of the Constitution of India. It would be relevant to reproduce paragraphs no. 18 and 25 to 30 of the said judgment rendered in the case of Radhey Shyam and Another (supra) hereinbelow:—
18. While the above judgments dealt with the question whether judicial order could violate a fundamental right, it was clearly laid down that challenge to judicial orders could lie by way of appeal or revision or under Article 227 and not by way of a writ under Articles 226 and 32.
25. It is true that this Court has laid down that technicalities associated with the prerogative writs in England have no role to play under our constitutional scheme. There is no parallel system of King's Court in India and of all the other courts having limited jurisdiction subject to the supervision of the King's Court. Courts are set up under the Constitution or the laws. All the courts in the jurisdiction of a High Court are subordinate to it and subject to its control and supervision under Article 227. Writ jurisdiction is constitutionally conferred on all the High Courts. Broad principles of writ jurisdiction followed in England are applicable to India and a writ of certiorari lies against patently erroneous or without jurisdiction orders of tribunals or authorities or courts other than judicial courts. There are no precedents in India for the High Courts to issue writs to the subordinate courts. Control of working of the subordinate courts in dealing with their judicial orders is exercised by way of appellate or revisional powers or power of superintendence under Article 227. Orders of the civil court stand on different footing from the orders of authorities or tribunals or courts other than judicial/civil courts. While appellate or revisional jurisdiction is regulated by the statutes, power of superintendence under Article 227 is constitutional. The expression “inferior court” is not referable to the judicial courts, as rightly observed in the referring order [Radhey Shyam vs. Chhabi Nath, (2009) 5 SCC 616] in paras 26 and 27 quoted above.
26. The Bench in Surya Dev Rai [Surya Dev Rai vs. Ram Chander Rai, (2003) 6 SCC 675] also observed in para 25 of its judgment that distinction between Articles 226 and 227 stood almost obliterated. In para 24 of the said judgment distinction in the two articles has been noted. In view thereof, observation that scope of Articles 226 and 227 was obliterated was not correct as rightly observed [Radhey Shyam vs. Chhabi Nath, (2009) 5 SCC 616] by the referring Bench in para 32 quoted above. We make it clear that though despite the curtailment of revisional jurisdiction under Section 115 CPC by Act 46 of 19
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; challenges must be made through appeal or revision under Article 227.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226 of the Constitution, and Article 227 jurisdiction is distinct.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; challenges must be made through appeals or revisions under Article 227.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; Article 227 provides distinct jurisdiction.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; challenges must be made through appeal or revision, with Article 227 providing distinct jurisdiction.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; challenges must be made through appeal or revision, with Article 227 providing distinct jurisdiction.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226 of the Constitution of India; challenges to such orders must be made through appeals or under Article 227.
Judicial orders of civil courts are not subject to writ jurisdiction under Article 226; challenges must be made through appeal or revision.
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