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2022 Supreme(Gau) 966

ARUN DEV CHOUDHURY
Mihir Kr. Sen, S/o- Late Sachindra Ch Sen – Appellant
Versus
Tezpur Bangali Aboitanik Natya Samaj – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. B C DAS, Mr. S. K. Singh, Senior Advocate.
For the Respondent: MR. A GANGULY

Judgement Key Points

What is the scope of Article 227 of the Constitution of India and when can a High Court interfere with orders of subordinate courts under its revisional/supervisory power? What is the appropriate approach to handling an injunction/order under Order 39 Rules 1-4 CPC and its interplay with appellate directions in a civil revision? What are the implications of whether maintainability of a petition lies under Section 115 CPC versus Article 227 in the context of a dispute concerning membership rights and internal activities of a club/association?

Key Points: - The Court discusses the scope of Article 227 and when it may be invoked to correct jurisdictional errors or grave irregularities in revisional jurisdiction (!) (!) . - It analyzes the interplay between interim injunctions under Order 39 CPC and appellate directions, including whether an appellate order can create further restraints or ambiguities (!) (!) (!) . - It addresses maintainability issues, deciding that the petition can be treated under Article 227 even if initially filed under Section 115 CPC, to correct improper exercise of jurisdiction (!) (!) . - The Court finds that the appellate Court's directions restricting participation in internal activities, while retaining general membership, were improper and warranted interference under Article 227 (!) (!) (!) . - It concludes by allowing the revision petition and reversing the appellate court’s restrictive directions against the petitioners (!) .

What is the scope of Article 227 of the Constitution of India and when can a High Court interfere with orders of subordinate courts under its revisional/supervisory power?

What is the appropriate approach to handling an injunction/order under Order 39 Rules 1-4 CPC and its interplay with appellate directions in a civil revision?

What are the implications of whether maintainability of a petition lies under Section 115 CPC versus Article 227 in the context of a dispute concerning membership rights and internal activities of a club/association?


JUDGMENT :

Heard Mr. S.K. Singh, learned Senior Counsel for the petitioners. Also heard Mr. A. Ganguly, learned counsel for the respondents.

2. This two revision petitions i.e. CRP/23/2020 and CRP(IO)/151/2021 were taken up for final disposal together.

3. CRP/23/2020 was filed under Section 115 of the Code of Civil Procedure assailing the order dated 30.09.2019 passed in Misc. Appeal No. 06/2019 by the learned Civil Judge, Sonitpur at Tezpur, by which the judgment and order dated 31.08.2019, passed in Misc. (J) Case No. 38/2019 by the learned Munsiff No. 1, at Tezpur, was uphold. The present petitioners were the respondents in the said appeal. Their grievance is that though the appeal was dismissed, upholding the judgment impugned, however, certain additional directions were issued in the appeal, thereby infringing certain right of the petitioners which will be dealt, in detailed at later part of this judgment.

4. CRP(IO)/151/2021 was filed under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure, assailing the order dated 16.03.2021 passed in Misc(J) Case No. 109/2019 by the learned Civil Judge, Sonitpur at Tezpur. The aforesaid Misc(J) Case

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