AI Overview...
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Article 227 - Power of Supervisory Jurisdiction
The High Court's power under Article 227 allows it to exercise supervisory jurisdiction over lower courts and proceedings, including striking out pleadings or suits when continuance would result in a miscarriage of justice. This power is exercised with restraint and only in exceptional cases where justice demands C.Srinivasan vs K.Pachiyappan - Madras. -
Striking Out Pleadings and Suits
Courts may strike out pleadings or suits if they are found to be an abuse of process, contain material suppression, or are otherwise legally unsustainable. The exercise of this power is discretionary and aimed at preventing misuse of judicial process G.Sampath vs K.Neelagandan - Madras, V. Gandhimathi VS G. Thiyagarajan - Madras, C.Srinivasan vs K.Pachiyappan - Madras. -
Judicial Discretion and Jurisdiction
The courts emphasize that under Article 227, the jurisdiction is supervisory and not appellate. Orders passed without proper jurisdiction can be set aside, and courts must exercise this power judiciously, ensuring that orders are within their legal competence Abdul Aziz VS A. Raj Chhabra - Allahabad. -
Case-specific Applications
Several cases illustrate the application of Article 227: - Striking off suits or proceedings where continuance would cause injustice C.Srinivasan vs K.Pachiyappan - Madras, D. G. R. Narasimman VS Tmt. Bhavani - Madras, Tamil Nadu Handloom Weavers Cooperative society rep. By its Managing Director, Chennai VS S. R. Ejaz, rep. By his Power Agent Muralidhar T. Balani - Madras.
- Dismissal of appeals or proceedings despite non-compliance or abuse, with the court exercising supervisory control to prevent injustice Madhuri Saxena (since deceased) Through L. R. VS Sahkari Awas Evam Vitt Nigam Ltd. Sarojni Marg Lucknow UP - Allahabad, SIDDHARTHA KUMAR VS UPPER CIVIL JUDGE, SENIOR DIVISION. , GHAZIPUR - Allahabad.
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Orders passed without jurisdiction are liable to be set aside under Article 227 Abdul Aziz VS A. Raj Chhabra - Allahabad.
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Comparison with Other Articles
The power under Article 227 complements the powers under Article 226, which pertains to writ jurisdiction, emphasizing the high court's broad supervisory authority over lower courts and tribunals SIDDHARTHA KUMAR VS UPPER CIVIL JUDGE, SENIOR DIVISION. , GHAZIPUR - Allahabad.
Analysis and Conclusion
Article 227 of the Indian Constitution serves as a vital tool for the High Court to supervise and regulate the functioning of subordinate courts and proceedings. Its primary purpose is to prevent abuse of the judicial process and ensure justice is not thwarted by procedural irregularities or misuse. The power is discretionary, exercised with caution, and is not an appellate remedy but a supervisory check. Courts have consistently held that orders passed without jurisdiction or in abuse of process can be corrected under Article 227, safeguarding the integrity of judicial proceedings and upholding substantive justice C.Srinivasan vs K.Pachiyappan - Madras, G.Sampath vs K.Neelagandan - Madras, Abdul Aziz VS A. Raj Chhabra - Allahabad.
Search Results for "Article 227 Strike out Decree and Judgement"
2025 Supreme(Online)(Mad) 54446 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI, J
Article 227 of the Constitution of India and strike off the plaint. Article 227 . Article 227 is always available to this Court to strike of the plaint which is in exercise of supervisory jurisdiction and such exercise should be with utmost restraint and circumspect and only when the continuance of the pleading would be a travesty of justice. ... Therefore, I do not find the said decision also coming to the aid of the revision petitioner to compel ....
2025 Supreme(Online)(Mad) 21136 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T.ASHA, J
Under Article 227 of the Constitution of India, the Revision Petitioners challenge the dismissal of their application to strike off ... The court found the previous decrees binding and the plaintiff's suit an abuse of process of law, stating substantive incoherence ... The plaintiff, meanwhile, came to learn that pursuant to the judgment and decree in A.S.No.42 of 1984 passed by the V Additional Judge, City Civil Court, Chennai, S.No.92 has been subdivided as S.Nos.92/1 and 92/2. ... O....
1997 0 Supreme(All) 1362 • India - Allahabad
O.P.GARG, M.KATJU
The appeal preferred by the judgement debtor-respondents was dismissed on 13-12-1971. The defendant-judgement debtors continued to flout the decree. ... A comparison of Articles 226 and 227 shows that the power of superintendence given to the High Court under Article 227 is in addition to the powers under Article 226 to control the inferior courts and Tribunals by means of writs. ... The power of the High Court, under Article #HL_ST....
2020 0 Supreme(All) 741 • India - Allahabad
AJAY BHANOT
upheld under all circumstances. – Court is of the opinion that this is a fit case to exercise the supervisory jurisdiction under Article ... Constitution of India, 1950 – Articles 227, 19 – Arbitration and Conciliation Act, 1996 – Section 34 – Conclude ... 227 of the Constitution of India by issuing strict directions to decide the matter finally within a stipulated period of time. – ... Assuming that the lawyers are trying to convey their feelings or sentiments and ideas through the strike in exercise o....
2019 0 Supreme(Mad) 1093 • India - Madras
ABDUL QUDDHOSE
- Instant Civil Revision Petition has been filed under Article 227 of the Constitution of India to strike off proceedings on file ... Constitution of India ,1950 – Article 227 – Civil Procedure Code,1908 – Section 2(2), Order XXI Rule 35 ... to execute a decree for recovery of possession, whereas judgment cited by learned counsel for petitioners referred to supra all ... ... The instant Civil Revision Petition has been filed under Article ....
2015 0 Supreme(Mad) 2506 • India - Madras
M.DURAISWAMY
to strike off the plaintiff's suit. ... Issues: Suppression of material facts, binding nature of decrees, exercise of jurisdiction under Article 227 of the Constitution ... , and the exercise of jurisdiction under Article 227 of the Constitution of India. ... If the jurisdiction of this Court is not exercised in this case under Article 227 of the Constitution of India, it will result in gross failure of justice. ... This Court in exercise of power u....
2025 0 Supreme(Bom) 1060 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN
(A) Constitution of India - Article 227 - Code of Civil Procedure, 1908 - Order VI, Rule 16 - Writ Petition impugning order of District ... Judge rejecting application to strike out pleadings in a civil suit due to alleged abuse of process - The Petitioners claimed the ... the claims of tampering unconvincing and noted that sufficient evidence existed, including court records, to uphold the original judgement ... Khandeparkar rightly points out, an application would have likely been made to strike out o....
2011 0 Supreme(Mad) 1036 • India - Madras
S.TAMILVANAN
SCC 147 - The court discussed the provisions of Order 1 Rule 10 (2) CPC and emphasized the discretionary power of the court to strike ... Ratio Decidendi: The court emphasized the discretionary power of the court to strike out or add parties, the distinction between ... After contest, the suit was dismissed, but the appellate court decreed the suit. ... JUDGMENT : ... This Civil Revision has been preferred under Article 227 of the Constitution, against the order, dated 21.07.2010 pas....
1966 0 Supreme(All) 140 • India - Allahabad
G.D.SAHGAL, LAKSHMIPRASAD
PROCEDURE - STRIKE OUT OF DEFENCE - JURISDICTION - ARTICLE 227 OF THE CONSTITUTION - INTERFERENCE WITH ORDER PASSED WITHOUT JURISDICTION ... An order passed without jurisdiction can be set aside by the High Court in exercise of its power under Article 227 of the Constitution ... Finding of the Court: The court held that the trial court had no jurisdiction to strike out the defence of the defendants ... It was accordingly heard ex parte on 16th July, 1963 and judgement#HL_EN....
2009 0 Supreme(Mad) 3801 • India - Madras
K.K.SASIDHARAN
The court exercised supervisory jurisdiction under Article 227 of the Constitution of India to strike off the suit from the file. ... 227 of the Constitution of India to strike off the suit from the file. ... 227 of the Constitution of India to strike off the suit from the file. ... decree subsists." ... order of eviction, and accordingly, the very suit was dismissed invoking the jurisdiction under Article 227 of t....
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