AI Overview...
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Suit and Writ Dismissal - Courts have consistently held that suits or writ petitions based on the same cause of action are not maintainable if earlier proceedings or orders have already been passed on the same issue. For example, in Mumtaz Ahmed VS State of H. P. - Himachal Pradesh and Mumtaz Ahmed VS State of H. P. - Himachal Pradesh, the courts dismissed both appeals and writ petitions, emphasizing that such petitions are barred if they pertain to the same cause of action or are repetitive.
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Maintainability of Appeals - Many sources, including Ramanuj VS Board of Revenue, U. P. at Allahabad and others - Allahabad, Sanjeet Singh VS Chedilal Tulsiyan - Jharkhand, and Vijay Hathising Shah VS Gitaben Parshottamdas Mukhi L. R. Of Chanchalben P Mukhi - Gujarat, establish that appeals under specific statutory provisions or under Article 227 of the Constitution are not maintainable if the order is of a nature that does not permit further appeal, such as orders dismissing writ petitions or appeals on limitation grounds.
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Specific Statutory and Constitutional Provisions - The courts clarified that certain orders, like those of the Wakf Tribunal or Board of Revenue, cannot be challenged by appeal or writ if the law explicitly restricts such remedies (Mumtaz Ahmed VS State of H. P. - Himachal Pradesh, Ramanuj VS Board of Revenue, U. P. at Allahabad and others - Allahabad). Similarly, under Article 227, the court's supervisory jurisdiction does not extend to appeals where the law prescribes otherwise (GUSTADJI DHANJISHA BUHARIWALA VS NEVIL BAMANSHA BUHARIWALA - Gujarat, Vijay Hathising Shah VS Gitaben Parshottamdas Mukhi L. R. Of Chanchalben P Mukhi - Gujarat).
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Limitations and Finality of Orders - Orders dismissed on technical grounds such as limitation (Sanjeet Singh VS Chedilal Tulsiyan - Jharkhand) or on merits (Agarwal & Sons Pvt. Ltd. VS Kolkata Municipal Corporation - Calcutta) are final, and attempts to bypass such rulings through writs or appeals are generally not entertained.
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Summary - The overarching principle across these sources is that courts are reluctant to entertain suits or writ petitions based on the same cause of action once a final decision has been rendered. Appeals are only maintainable when expressly permitted by law, and orders dismissing writs or appeals on procedural or jurisdictional grounds are typically upheld as final and not subject to further review.
References: - Mumtaz Ahmed VS State of H. P. - Himachal Pradesh, Mumtaz Ahmed VS State of H. P. - Himachal Pradesh, Ramanuj VS Board of Revenue, U. P. at Allahabad and others - Allahabad, Sanjeet Singh VS Chedilal Tulsiyan - Jharkhand, Agarwal & Sons Pvt. Ltd. VS Kolkata Municipal Corporation - Calcutta, V. O. John, S/o. V. K. Ouseph VS Catholic Syrian Bank Ltd, Thrissur - Kerala, GUSTADJI DHANJISHA BUHARIWALA VS NEVIL BAMANSHA BUHARIWALA - Gujarat, Thirumal Tirupati Devasthanams VS Thallappaka Anantha Charyulu - Supreme Court, Vijay Hathising Shah VS Gitaben Parshottamdas Mukhi L. R. Of Chanchalben P Mukhi - Gujarat, V.O.JOHN vs M/S CATHOLIC SYRIAN BANK LTD., THRISSUR - Kerala
Search Results for "Suit Dismissed Appeal will Lie Writ Not Maintainable"
2016 0 Supreme(HP) 1886 • India - Himachal Pradesh
MANSOOR AHMAD MIR, SANDEEP SHARMA
It also held that the writ petition on the same cause of action was not maintainable. ... It also found that the writ petition on the same cause of action was not maintainable. ... Final Decision: The court dismissed the appeals and the writ petition, and directed the diarization of certain petitions as ... These regular first appeals have been filed by the appellants against the impugned judgments passed by the W....
2010 0 Supreme(All) 3055 • India - Allahabad
KRISHNA MURARI
The Board of Revenue dismissed the appeal, stating that a second appeal would lie under section 331(4) and the First Appeal From ... The petitioner filed a writ petition challenging this order, which was dismissed, and subsequently filed an appeal under section ... Order under section 331(3) was not maintainable. ... The Board of Revenue vide impugned order dated 21.5.2010 dismissed the same on th....
2016 0 Supreme(HP) 1884 • India - Himachal Pradesh
MANSOOR AHMAD MIR, SANDEEP SHARMA
Ratio Decidendi: The court held that no appeal against the orders of the Wakf Tribunal would lie, and the suit for eviction ... the writ petition on the same cause of action was also not maintainable. ... Final Decision: The appeals against the orders of the Wakf Tribunal were dismissed, and the writ petition was also dismissed ... These regular first appeals have been filed by the appellants ag....
2018 0 Supreme(Cal) 580 • India - Calcutta
I.P.MUKERJI, MD.MUMTAZ KHAN
Final Decision: The appeal and application were dismissed, and the court ordered the compliance report to be prepared by the ... Taxation - Valuation dispute - Delay in filing writ application - Dismissal of suit for default - Appellants resisting realization ... Issues: Valuation dispute, delay in filing writ application, dismissal of suit for default, resistance to tax realization13. Certified photocopy of this Judgment and order, if applied for, be supplied to the parties upon com....
2009 0 Supreme(Ker) 6 • India - Kerala
THOMAS P.JOSEPH, J.B.KOSHY
appeal is not maintainable and even if it is maintainable, no relief can be granted in an intra court appeal as learned Judge has ... correctly exercised the supervisory jurisdiction - Writ Appeal Dismissed. ... C.P. filed alleging oppression and mismanagement was dismissed as withdrawn by order- Appellant also prayed for temporary injunction ... writ appeal is maintainable. ... ....
2019 0 Supreme(Jhk) 1782 • India - Jharkhand
SUJIT NARAYAN PRASAD
has been dismissed on point of limitation is view that appeal since has been dismissed result would be the confirmation of the decree ... dismissed. ... maintained by judicial fraternity – Court after considering the aforesaid position of law and considering the impugned order whereby the appeal ... nature of order would be conclusive in nature, the writ petition under Article 227 would not be maintainable rather appeal will #HL_STA....
2009 Supreme(Online)(KER) 45746 • India - High Court of Kerala
J.B. KOSHY, ACJ, THOMAS P.JOSEPH, J
Final Decision: The Writ Appeal was dismissed with costs. ... Ratio Decidendi: The court determined that a civil suit regarding share issuance could be maintained despite past proceedings ... Issues: The primary issues were the maintainability of the civil suit versus the Company Law Board’s jurisdiction, the legality ... writ appeal is maintainable. ... Since the impugned judgment is passed under Article 227 of the Constitution, a writ....
2011 0 Supreme(Guj) 304 • India - Gujarat
SUDHANSU JYOTI MUKHOPADHAYA, J.B.PARDIWALA
dismissed ... Patent - Clause 15 - Constitution of India, 1950, Articles 226 and 227 - Civil Procedure Code, 1908, Section 115, Order 43, Rule 1 - Appeal ... below petitioner could invoke only supervisory jurisdiction of High Court - Principles laid down in earlier judgment, discussed - Appeal ... If a petition under Art. 227 of the Constitution would lie and if the same has been dismissed then, no appeal under Clause 15 of the Letters Patent would be maintainable. A....
2003 6 Supreme 684 • India - Supreme Court
S.N.VARIAVA, H.K.SEMA
It is only if it is held that the Appellants suit is maintainable and not barred on principles of res judicata/estoppel that the ... An appeal cannot be allowed to be disguised in the form of a writ. ... Inamdars filed writ petitions, one regard to civil suit and other in regard to appeal before Divisional Officer for restraining ... Venugopal also pointed out that the Respondents had filed an appeal against the order granting inter....
2011 0 Supreme(Guj) 436 • India - Gujarat
SUDHANSU JYOTI MUKHOPADHAYA, J.B.PARDIWALA
would not be maintainable - Appeal dismissed. ... ingredient either on facts or law which affords any justification to invoke article 226 of Constitution of India, Letters Patent Appeal ... no.1 herein came to know about the sale of the said land bearing Survey to the present appellants- Held, it was evident that no writ ... If a petition under Article-227 of the Constitution would lie and if the same has been dismissed, then, no appeal#HL_....
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