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DELHI HIGH COURT
C.HARI SHANKAR
Ankit Saini – Appellant
Versus
State Bank of India Staff Association – Respondent
| Table of Content |
|---|
| 1. rejects interim injunction application (Para 1) |
| 2. application under cpc provisions (Para 2 , 3) |
| 3. distinction between remedies under cpc and constitutional provisions (Para 4 , 5 , 6) |
| 4. dismissal due to lack of maintainability (Para 7) |
| 5. disposed of miscellaneous applications (Para 8) |
1. The impugned order, dated 11th March, 2022, rejects an application, filed by the petitioners seeking interim injunction in a pending civil suit.
2. Though the application purports to have been filed under Section 151 of the Code of Civil Procedure, 1908 (CPC), inasmuch as it specifically seeks ad interim ex parte stay during the pendency of the civil suit, it is essentially preferred under Order XXXIX Rules 1 and 2 of the CPC.
3. An order rejecting an application under Order XXXIX Rules 1 and 2 of the CPC is appealable under Order XLIII Rule 1(r) of the CPC.
4. Where the order under challenge has been passed by a civil court, and an appeal lies, against such order to another civil court under the CPC, the following passages, from the Virudhunagar Hindu Nadargal Dharma Paribalana Sabai v. Tuticorin Educational Society, (2019)9 SCC 538, rendered by a bench of
The High Court should refrain from exercising Article 227 jurisdiction in civil matters where an alternative remedy of appeal is available under the CPC.
The availability of an appellate remedy under the CPC prevents the maintainability of petitions under Article 227 of the Constitution.
Availability of such a remedy under the Code of Civil Procedure to be construed as near to total bar for the remedy under Article 227 of the Constitution of India.
(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 ....
The court emphasized the importance of complying with the provisions of the Code of Civil Procedure, particularly Rule 3, Order 39, which mandates the court to give notice of the application for inte....
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....
The main legal point established in the judgment is the limited scope of the High Court's jurisdiction under Article 227 of the Constitution of India, emphasizing that the High Court cannot act as a ....
The High Court under Article 227 does not reconsider factual errors of inferior courts unless findings are perverse or unjust, maintaining supervisory authority without delving into case merits.
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