H. L. DATTU, A. K. SIKRI, ADARSH KUMAR GOEL
RADHEY SHYAM – Appellant
Versus
CHHABI NATH – Respondent
What is the scope of writ jurisdiction under Article 226 of the Constitution with respect to judicial orders of civil courts versus orders of tribunals or quasi-judicial bodies? What is the difference between Articles 226 and 227 in relation to challenging judicial acts or orders? What is the correct proposition on whether a judgment or order of a civil court can be challenged by a writ under Article 226, and whether such orders fall within the supervisory power of Article 227?
Key Points: - The judgment holds that judicial orders of civil courts are not amenable to writ jurisdiction under Article 226. (!) - It clarifies that Article 227 provides a distinct supervisory power, which is to be exercised sparingly and not as an appeal, and remains unaffected by CPC amendments. (!) (!) - It overrules Surya Dev Rai’s view, reaffirming Mirajkar’s ratio that writs under Article 226 do not lie against judgments of civil courts; instead, remedies lie in appeal or revision or under Article 227 in exceptional cases. (!) (!) (!)
JUDGMENT
ADARSH KUMAR GOEL, J.
1. This matter has been placed before the Bench of three Judges in pursuance of an order dated April 15, 2009 passed by the bench of two Hon’ble Judges to consider the correctness of the law laid down by this Court in Surya Dev Rai vs. Ram Chander Rai and others, 2003 (6) SCC 675 that an order of civil court was amenable to writ jurisdiction under Article 226 of the Constitution. The reference order, inter alia, reads:-
30. ………Therefore, this Court unfortunately is in disagreement with the view which has been expressed in Surya Dev Rai insofar as correction of or any interference with judicial orders of civil court by a writ of certiorari is concerned.
31. Under Article 227 of the Constitution, the High Court does not issue a writ of certiorari. Article 227 of the Constitution vests the High Courts with a power of superintendence which is to be very sparingly exercised to keep tribunals and courts within the bounds of their authority. Under Article 227, orders of both civil and criminal courts can be examined only in very exceptional cases when manifest miscarriage of justice has been occasioned. Such power, however, is not to be exercised to correct a mi
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