SURYA DEV RAI versus RAM CHANDER RAI AND ORS.

SURYA DEV RAI versus RAM CHANDER RAI AND ORS.

The amendment to Section 115 CPC curtailing revisional jurisdiction does not affect the constitutional jurisdiction of the High Court under Articles 226 and 227. Interlocutory orders by subordinate courts, even where revision is excluded, remain open to challenge under certiorari and supervisory jurisdiction. The High Court erred by holding the writ petition for injunction against private respondents was not maintainable solely based on Section 115 CPC amendment. The petition must be restored for consideration under the appropriate constitutional provision.

Parties
Appellant: Surya Dev Rai; Respondents: Ram Chander Rai and Ors.
Jurisdiction
India
Judgment Date
07 August 2003
Procedural Posture
Civil Appeal / Appeal From Summary Dismissal of Writ Petition (c.m.w.p. No. 20038 of 2002) by Allahabad High Court
Outcome
Appeal allowed
Legal Topics
Article 226 Writ of Certiorari, Article 227 Supervisory Jurisdiction, Section 115 CPC Amendment, Interlocutory Orders, Distinction Between Certiorari and Supervisory Jurisdiction, Maintainability of Writ Against Private Parties
Constitutional Law Civil Procedure Article 226 Writ of Certiorari Article 227 Supervisory Jurisdiction Section 115 CPC Amendment Interlocutory Orders Distinction Between Certiorari and Supervisory Jurisdiction Maintainability of Writ Against Private Parties

Case Brief

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Parties

Surya Dev Rai

Appellant

Ram Chander Rai and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Summary Dismissal of Writ Petition (c.m.w.p. No. 20038 of 2002) by Allahabad High Court

Legal Issues

  1. 1 Does the amendment to Section 115 CPC curtail the jurisdiction of the High Court under Articles 226 and 227?
  2. 2 Are interlocutory orders passed by subordinate courts open to challenge under Articles 226 and 227, despite Section 115 CPC amendment?
  3. 3 Maintainability of writ petition seeking injunction against private respondents post-amendment

Ratio Decidendi

The amendment to Section 115 CPC curtailing revisional jurisdiction does not affect the constitutional jurisdiction of the High Court under Articles 226 and 227. Interlocutory orders by subordinate courts, even where revision is excluded, remain open to challenge under certiorari and supervisory jurisdiction. The High Court erred by holding the writ petition for injunction against private respondents was not maintainable solely based on Section 115 CPC amendment. The petition must be restored for consideration under the appropriate constitutional provision.

Court Disposition

Appeal allowed

Orders

  • Order of High Court refusing to entertain writ petition is set aside
  • Writ petition restored to file of High Court for consideration by appropriate Bench under rules, subject to whether relief is sought under Article 226 or 227