Case Note & Summary
The dispute arose from the appellant's attempt to secure a permanent preventive injunction regarding agricultural land, which was denied by both the trial and appellate courts. Following this, the appellant sought relief from the High Court under Article 226 of the Constitution, which was dismissed on grounds of maintainability. The Supreme Court examined the implications of the amendment to Section 115 of the Code of Civil Procedure, 1908, which had removed the right to file a civil revision against certain orders. The court noted that while the amendment limited the revisional jurisdiction of the High Court, it did not affect the High Court's power to issue writs of certiorari or exercise superintendence under Article 227. The court emphasized that the power of judicial review is a fundamental aspect of the Constitution and cannot be curtailed by legislative amendments. It clarified that the High Court retains the authority to intervene in cases of gross injustice, even if the original and appellate courts have ruled against the aggrieved party. The court ultimately held that the High Court's jurisdiction under Articles 226 and 227 remains available to address substantial injustices arising from interlocutory orders, thereby reinforcing the principle of judicial oversight in the face of procedural amendments.
Headnote
A) Civil Procedure - Amendment Impact - High Court's Jurisdiction - Code of Civil Procedure, 1908, Section 115 - The amendment to Section 115 CPC curtailed the revisional jurisdiction of the High Court over interlocutory orders, but did not eliminate the High Court's power to issue writs under Articles 226 and 227. The court held that the constitutional jurisdiction remains intact and can be exercised to prevent gross injustice (Paras 1-12).
Issue of Consideration
What is the impact of the amendment in Section 115 of the Code of Civil Procedure, 1908 on the power of the High Court to entertain petitions under Articles 226 and 227 of the Constitution?
Final Decision
The Supreme Court held that the amendment to Section 115 of the CPC does not affect the High Court's power to issue writs under Articles 226 and 227, thus preserving the right to judicial review.
Law Points
- judicial review
- certiorari
- superintendence
- Article 226
- Article 227
- Section 115 CPC
- interlocutory orders
- High Court jurisdiction
