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TUSHAR RAO GEDELA
Ranjita Betarbet – Appellant
Versus
Subir Banerjee – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. Ms. Anisha Banerjee, learned counsel appearing for the petitioner submits that she is unable to appear in person as she has fractured her foot, however, has appeared and argued the issue of maintainability through VC.
2. This Court has taken a consistent view in various matters to the effect that challenge to the dismissal of an application under Order VII Rule 11 CPC, 1908 would not fall within the purview of under Article 227 of the Constitution of India and has to be necessarily dealt with, under appropriate provision under the Code of Civil Procedure, 1908.
3. The aforesaid view is taken on the basis of the judgment of the Hon'ble Supreme Court rendered in Shiv Shkati Coop. Housing Society Vs. Swaraj Developers reported in (2003) 6 SCC 656 whereby it was held that amendments in the year 2002 to the Code of Civil Procedure, 1908 in respect of provision of Section 115 CPC would bar the Court under Article 227 of the Constitution of India to deal with dismissal of an application under Order VII Rule 11 CPC. The relevant para is reproduced as under:
"32. A plain reading of Section 115 a
The main legal point established in the judgment is that the dismissal of an application under Order VII Rule 11 CPC, 1908 could be challenged under Section 115 of the Civil Procedure Code, 1908 and ....
The court clarified that under Article 227, supervisory jurisdiction is limited to correcting errors of jurisdiction, with no grounds found for interference in the trial court's decision regarding th....
The High Court's jurisdiction under Article 227 is limited; parties must appeal under Order 43 Rule 1(c) against dismissal of applications under Order 9 Rule 9 CPC.
Against an order dismissing an application for condonation of delay in filing the written statement, neither an appeal nor revision petition under Section 115 of the CPC lies.
(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 ....
A petition under Article 227 of the Constitution of India is maintainable against non-appealable orders of Commercial Courts despite restrictions in the Commercial Courts Act, preserving the High Cou....
Wherever the proceedings are under the Code of Civil Procedure and the forum is the Civil Court, the availability of a remedy under CPC, will deter the High Court, not merely as a measure of self imp....
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