Thursday, March 26, 2015

SCOPE OF WRIT JURISDICTION AGAINST JUDICIAL ORDER OF CIVIL COURT

 Whether against the Judicial order of Civil court, Writ of certiorari can be issue under Article 226 of Constitution of India 

Hon'ble Supreme Court in Civil Appeal No.2548 of 2009, connected
with Special Leave Petition (C) No.25828 of 2013, dated 26.2.2015,
Radhey Shyam and another v. Chhabi Nath and others held and answer that

(i) Judicial orders of civil court are not amenable to writ
jurisdiction under Article 226 of the Constitution;
(ii) Jurisdiction under Article 227 is distinct from jurisdiction
from jurisdiction under Article 226.
 And Hon'ble High Court Allahabad also has fallowed the order of Hon'ble Apex Court in Writ-C No. 11761 of 2015 ( Thakur Prasad Versus Beni Prasad (Now Deceased) and others) decided on 25.03.2015
            In view of aforesaid Judgments now writ Petition under Article 226 of constitution against the judicial order passed by Civil court in civil proceeding is not maintainable. and same cane be challenged only appeal or Revision  and in some cases petition under Article 227 of Constitution can be filed as according to aforesaid judgments only limited jurisdiction which a High Court has arising out of the judicial orders passed by the civil court, is under Article 227 of the Constitution of India,and not under Article 226 of the Constitution of India
 
 

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