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SANJAY DHAR
Abdul Rashid Dar – Appellant
Versus
Reyaz Ahmad Kuchay – Respondent
JUDGMENT
The petitioners have invoked the jurisdiction of this Court under Section 104 of the Constitution of J&K, which is in pari materia with Article 227 of the Constitution of India, for challenging order dated 30.08.2018 passed by learned Additional District Judge, Srinagar, in a suit filed by respondent against the them. By virtue of the impugned order, the petitioners (hereinafter referred to as the defendants) have been granted conditional leave to defend the suit filed by the respondent (hereinafter referred to as the plaintiff) and they have been directed to deposit an amount of Rs.11,50,000/ in the Court or to furnish cash security in the shape of bank guarantee for the aforesaid amount.
2. The record would reveal that the plaintiff has filed a suit for recovery of Rs.12.00 lacs from the defendants under the provisions of Order 37 of the Civil Procedure Code. It is the case of the plaintiff that defendant No.1 (petitioner No.1 herein) approached him and asked him to invest money in setting up of a poultry farm for which defendant No.1 was to provide the land. According to the plaintiff, he paid an aggregate amount of Rs.12.00 lacs to the defendants out of which an amount
The High Court's supervisory jurisdiction under Article 227 does not allow it to act as an appellate court; it must ensure that subordinate courts operate within their authority and adhere to establi....
The court affirmed that defendants are entitled to unconditional leave to defend if they raise triable issues, emphasizing the presumption in favor of granting such leave under the CPC.
The main legal point established in the judgment is that the availability of an appeal remedy under the CPC operates as a near total bar to the exercise of jurisdiction by the court under article 227....
The main legal point established in the judgment is the entitlement of the defendant for unconditional 'leave to defend' under Order 37 Rule 3 (5) CPC based on the existence of a substantial defense ....
The court emphasized the limited scope of interference under Article 227 and the need for supervisory correction in exercising jurisdiction.
Leave to defend may be conditional if doubts exist about the genuineness of the triable issues raised by the defendant.
When an appeal lies against a decree in civil court, a petition under Article 227 is not maintainable, emphasizing the necessity to use available remedies.
(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 ....
Grant of injunction – Wherever proceedings are under CPC and forum is Civil Court, availability of a remedy under CPC, will deter High Court from exercising its Power of Superintendence.
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