Case Note & Summary
The dispute arose from a long-standing conflict between two rival management committees claiming the right to manage Sri Ratnamuni Jain Inter College, Agra. Swetambar Sthanakwasi Jain Samiti, a society registered under the Societies Registration Act, claimed to have established and administered various educational institutions including the college. Respondents 1 and 2 got a rival society, RMJ Educational Society, registered on September 10, 1991. Both societies submitted separate schemes of administration to the Deputy Director of Education and the District Inspector of Schools, Agra. The appellants elected their managing committee on July 1, 1991, while respondents 1 and 2 elected a separate management committee on June 21, 1991. The authorities passed conflicting orders over recognition. By order dated March 19, 1994, the Deputy Registrar Societies cancelled the registration of RMJ Society. Consequently, the Deputy Director of Education on March 23, 1994 directed the District Inspector of Schools to grant recognition to the appellants' scheme, and appellant No.2, Kamal Kumar Jain, was recognized as manager and permitted to operate bank accounts. However, the Deputy Director of Education and District Inspector of Schools soon withdrew their orders and stopped the appellants from managing the college and operating bank accounts. The appellants filed Civil Suit No.230 of 1994 in the Court of Civil Judge, Agra, which was transferred to the IIIrd Additional Civil Judge, Agra. On April 4, 1994, the Additional Civil Judge granted interim injunction in favour of the appellants. On April 5, 1994, respondent No.2, Moti Lal Jain, filed an application for impleadment, which was dismissed. Respondents 1 and 2 then filed a writ petition under Article 226 of the Constitution of India before the High Court, seeking to quash the plaint and proceedings, quash the orders dated April 4, 1994 and April 5, 1994, and restrain the Additional Civil Judge from further proceedings. The High Court partly allowed the writ petition: it rejected the prayer to quash the plaint on the ground of alternative remedy under Order 7 Rules 10 and 11 CPC, but quashed the interim injunction and impleadment orders, allowed the impleadment of Moti Lal Jain, transferred the suit to the District Judge for further proceedings, and directed that Moti Lal Jain continue to function as manager until disposal of the injunction application. The appellants challenged this judgment before the Supreme Court. The Supreme Court observed that the remedy of appeal before the District Judge was available against the interim injunction, and the order rejecting impleadment could be challenged by revision. The High Court itself had noted that the respondent could have availed the jurisdiction of the District Judge. The Supreme Court held that though the High Court's jurisdiction under Article 226 is not confined to issuing prerogative writs, it will not permit this extraordinary jurisdiction to be converted into a civil court under ordinary law. When a suit is pending between parties, interim and miscellaneous orders of the trial court against which appeal or revision is available cannot be challenged by way of writ petition under Article 226. Where the civil court has jurisdiction to try a suit, the High Court cannot convert itself into an appellate or revisional court and interfere with interim orders. The writ jurisdiction is meant for doing justice where it cannot be done in any other forum. Accordingly, the Supreme Court allowed the appeal with costs, set aside the impugned judgment of the High Court, and dismissed the writ petition filed by respondents 1 and 2. Costs were quantified at Rs.20,000/- to be paid by respondent No.2.
Headnote
A) Writ Jurisdiction - Alternate Remedy - Interference with Civil Court Interim Orders - Constitution of India, Article 226; Code of Civil Procedure, 1908, Order 39 Rules 1 and 2, Order 7 Rules 10 and 11 - The High Court entertained a writ petition challenging the civil court's interim injunction and rejection of impleadment in a pending suit, despite the availability of appeal and revision remedies. The Supreme Court held that when a suit is pending between parties, interim and miscellaneous orders of the trial court against which appeal or revision lies cannot be challenged by way of a writ petition under Article 226. The High Court exceeded its jurisdiction and converted itself into an appellate or revisional court. Held that the impugned High Court judgment was set aside and the writ petition dismissed (Paras 1-4). B) Writ Jurisdiction - Scope of Article 226 - High Court Not to Act as Civil Court - Constitution of India, Article 226 - The Supreme Court reiterated that the extraordinary jurisdiction under Article 226 is not to be converted into a civil court under ordinary law. Where the civil court has jurisdiction to try a suit, the High Court cannot interfere with interim orders of the civil court. The writ jurisdiction is meant for doing justice between the parties where it cannot be done in any other forum. Held that the High Court fell into patent error and exceeded its jurisdiction, resulting in the appeal being allowed with costs (Paras 1-4).
Issue of Consideration
Whether the High Court under Article 226 of the Constitution of India could entertain a writ petition challenging interim orders passed by a civil court in a pending suit when statutory remedies of appeal and revision were available under the Code of Civil Procedure, 1908.
Final Decision
Appeal allowed; impugned High Court judgment set aside; writ petition filed by respondents 1 and 2 before High Court dismissed; costs quantified at Rs.20,000/- to be paid by respondent No.2.
Law Points
- High Court cannot convert itself into appellate or revisional court and interfere with interim/miscellaneous orders of civil court
- writ jurisdiction under Article 226 of Constitution of India is not to be converted into civil court under ordinary law
- where civil court has jurisdiction to try a suit
- High Court cannot interfere with interim orders when remedy of appeal or revision is available
- writ jurisdiction is meant for doing justice where it cannot be done in any other forum.
